Pitfalls When Sponsoring a Parent for a Green Card, Updated

Editor’s Note: this post was originally published in April, 2019 and has been completely updated for accuracy and comprehensiveness.

Are you looking to sponsor a parent for a green card? The process can be trickier than you think.

In addition to all of the possible issues that can come up when sponsoring any relative for a green card (see our blog post “Why you need a lawyer for your marriage-based green card case” dated May 24th, 2018), there are a number of things to watch out for when sponsoring a parent specifically.

1. You must be a U.S. citizen to sponsor a parent for a green card.

A common misconception is that a lawful permanent resident can sponsor a parent for a green card. That is not the case. You must first obtain U.S. citizenship in order to sponsor your parent.

2. A lawful entry to the U.S. is generally required for someone residing in the U.S. to be eligible to obtain a green card.

Commonly a parent of a U.S. citizen entered the U.S. many years ago, without a visa. In this scenario, that parent is not eligible for a green card through sponsorship by a U.S. citizen child, unless they can prove substantial hardship to a qualifying U.S. citizen or permanent resident relative. Because a child is not considered a qualifying relative, this is impossible in many cases.

If this is true for your parent, then there may be another way for them to get their green card.

3. If your parent entered the U.S. lawfully as a visitor, but has only been here a short time, their intent at entry will be scrutinized.

Entering the U.S. with a visitor’s visa with the intent to remain permanently can be considered visa fraud. In this internet age, the U.S. government has access to more information than ever about a green card applicant, including social media accounts. It is important to consult an experienced immigration attorney to ensure that there is no indication of a misrepresentation at the time of entry.

4. Immigration officers now have more discretion in deciding whether to approve a green card application, and are directed to consider all possible factors including prior immigration violations, history of education and employment in the US, and current US investment or property ownership.

This may make the process more challenging for an elderly parent of a US citizen who has possibly overstayed a visa in the US and has never worked or owned property in the US.

How can Hurtubise Weber Law help? We have extensive experience representing U.S. citizens who sponsor their parents for green cards.

Contact us for a free 15 minute phone call to learn more about the process: theteam@huwelaw.com or 415-496-9040.

Staying on top of USCIS forms updates

In recent times the U.S. Citizenship and Immigration Services ("USCIS"), the branch of the Department of Homeland Security that adjudicates visa, "green card," and citizenship applications within the US, has been frequently updating its application forms. Over the past six months, USCIS has created new form editions for the I-864 Affidavit of Support, I-485 Application to Register Permanent Residence or Adjust Status, I-751 Petition to Remove Conditions on Residence, and I-693 Report of Medical Examination and Vaccination Record, to name a few.

Why is this important to know?

          1. New form editions means USCIS may reject your application due to submission of an expired                 form. 

          2. Many changes are being made to make the visa, green card, and citizenship application                          processes more difficult.

It is now more important than ever to hire an immigration lawyer to represent you throughout your application process. Forms are just one part of an application, and navigating the complex immigration system is daunting. A lawyer's expertise significantly improves your chances of approval, reduces your stress, and provides peace of mind.

Below is information regarding many of the recently updated forms. For a complete list of recent updates, visit https://www.uscis.gov/forms-updates. To discuss your specific immigration needs, please contact us at theteam@huwelaw.com, or 415-496-9040.

April 23, 2018: Update to Form I-821, Application for Temporary Protected Status; New Edition Dated 04/11/18
Starting 06/25/2018, we will only accept the 04/11/18 edition. Until then, the 10/19/17 edition can be used.

April 20, 2018: Update to Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant; New Edition Dated 04/12/18
Starting 06/19/2018, we will only accept the 04/12/18 and 12/23/16 editions.

April 12, 2018: Update to Form G-325A, Biographic Information (for Deferred Action); dated 03/29/18
Starting 06/11/2018, USCIS will only accept the 03/29/18 edition. Until then, the 06/01/15 edition can be used.

March 22, 2018: Update to Form I-912, Request for Fee Waiver
Edition Date 03/13/18. Prior versions accepted.

March 16, 2018: Form I-864, Affidavit of Support Under Section 213A of the INA
Edition Date: 03/06/18. Starting 05/16/2018, we will only accept the 03/06/18 edition. Until then, you can use previous editions. You can find the edition date at the bottom of the page on the form and instructions.Updated similarly are Forms I-864A, I-864EZ and I-864W.

Jan. 3, 2018: Update to Form I-601A, Application for Provisional Unlawful Presence Waiver, New Edition Dated 12/15/17.

Jan. 3, 2018: Update to Form I-485, Application to Register Permanent Residence or Adjust Status, New Edition Date 12/13/17.

Dec. 21, 2017: Update to Form I-751, Petition to Remove Conditions on Residence
New edition dated 12/05/17. Starting 02/19/2018, we will only accept the 12/05/17 edition. Until then, you can use the 12/23/16 edition. 

Nov. 3, 2017: Update to Form I-693, Report of Medical Examination and Vaccination Record
New edition dated 10/19/2017. Starting Jan. 2, 2018, civil surgeons must use the 10/19/17 edition of Form I-693. USCIS will not accept the 02/07/17 version (or any previous editions) that a civil surgeon signed and dated on or after Jan. 2, 2018.

March 2018 Visa Bulletin Released

The U.S. Department of State has released the Visa Bulletin for March 2018. In addition to filing and filing action dates, the Bulletin also includes information on diversity visa cut-offs, the special immigrant translator visa availability, visa availability in the Vietnam employment fifth preference category, and the scheduled expiration of two employment visa categories.

USCIS has not yet advised whether in March, it will be accepting adjustment of status applications based on filing or final action dates.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-march-2018.html

To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.

February 2018 Visa Bulletin Released

The U.S. Department of State has released the Visa Bulletin for February 2018. In addition to filing and filing action dates, the Bulletin includes information on includes information on the diversity visa cut-offs, the Special Immigrant translator visa availability, the scheduled expiration of two employment visa categories, and visa availability in the coming months.

USCIS has advised that in February, it will be accepting adjustment of status applications based on filing dates for family-based cases. However, final action dates must be used for employment-based cases.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-february-2018.html

To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.