Green Card Hurdles

Miller|Conway immigration lawyers work with clients seeking to get a green card (legal permanent resident status) for a family member(s). Typically, a U.S. citizen or permanent resident (LPR) spouse will hire Miller|Conway immigration attorneys to obtain a green card for his/her spouse. If the beneficiary spouse is in the United States the process is called adjustment of status (assuming the beneficiary spouse entered the United States via a proper method; ex. visa). If the beneficiary spouse is outside the United States the process is called consular processing. In either case, a lack of finances to support the beneficiary is one of the most common green card hurdles we experience.

A petitioning spouse must be able to prove he/she is willing and able to support the beneficiary spouse. This is accomplished through submission of an Affidavit of Support to USCIS. The petitioner’s income must meet or exceed the figure listed on the Form I-864P, Poverty Guidelines, based upon household size. Household size is determined by adding petitioner, beneficiary and petitioner’s dependents. If your income does not meet or exceed the figure as listed on Form I-864P based on household size, the petitioner must seek the assistance of a joint sponsor.

A joint sponsor may be any U.S. citizen or LPR willing and able to co-sponsor the beneficiary. The co-sponsor’s income must meet or exceed the figure listed on the Form I-864P based on the co-sponsor’s household size. The co-sponsor’s household size is determined by adding co-sponsor, beneficiary and co-sponsor’s dependents.

Petitioner and/or co-sponsor may include the income of a household member when determining whether he/she meets or exceeds the income required via Form I-864P. This household member must be willing to submit a Form I-864A, Contract Between Sponsor and Household Member, on behalf of the petitioner or co-sponsor.

Before you file forms for a green card on behalf of a relative be sure you meet the financial requirements to do so.

Contact Miller|Conway immigration attorneys at 843.764.3334 if you or a loved would like to obtain a green card on behalf of a relative.