The Affidavit of Support is one of the most complicated and important forms required during the marriage based green card immigration process.

If you are a United States Citizen or a Green Card holder and you sponsor somebody to come to the United States, then you need to make certain promises to the US government. One of them is that you have the means to support this person financially. You must show to the USCIS that you have sufficient income to ensure that the beneficiary will not become a public charge.

In order for you to be able to sponsor a foreign national for a green card, your income must meet or exceed 125% of the Federal poverty guidelines indicated for your household size. The exact amount for the Federal poverty guidelines is updated every year. You can find the current guidelines here: http://www.uscis.gov/files/form/i-864p.pdf

The Affidavit of Support must be filed at the same time as the green card petition.

If you don’t meet the income requirements, you have to find a joint sponsor for the green card petition, who is also a US citizen or permanent resident. Typically, this person would be a family member or a very close friend, although legally, it could be any person who meets the requirements. This joint sponsor must complete an additional Affidavit of Support, in which he or she attests that the beneficiary will not become a public charge.

Both Affidavit of Support forms, along with supporting documentation such as verification of salary and employment, tax returns, recent paystubs, etc. will be included in the green card petition.

If you find yourself in a situation where you are sponsoring your spouse to get a green card, please contact us in our offices in San Francisco, Santa Clara, and Sacramento. You can call us at 800-753-1399. We will be happy to assist you.

1.     Workers of Extraordinary Ability

What is the definition of Extraordinary Ability?

Extraordinary ability is defined as a level of expertize attained by only a small percentage of people who have risen to the top of their field. To qualify for this, the applicant must show exemplary skill and ability in the areas of art, science, business, athletics or education and be internationally recognized. The applicant must prove this by either having one a major international award or by showing documentary evidence that he or she is an outstanding leader in a particular field.  To learn more about the documentary evidence required for the EB-1 category visit our EB1 Employment Green Card article at http://www.doctorsimmigrationlaw.com/green-cards/eb-1-extraordinary-ability

A worker with extraordinary ability does not even need to have a specific job offer to be able to apply for a green card.

2.     Outstanding University Professors and Researchers

This option is for people who are internationally recognized as outstanding in a particular academic field.

Outstanding professors and researchers do need to have a job offer from a university or private institution to be able to apply for an EB-1 green card.

The applicant must have at least three years of experience of teaching or researching in his or her particular field.

3.     Multinational Executives and Managers

Multinational executives and managers are people, who have worked outside of the United States for at least one out of the past three years and who are transferred to work for the same international company in the US.

The applicant must have worked as a manager or executive for the company before having come to the United States, and must continue doing so within the country.

What are the advantages of the EB-1 employment green card?

The applicant does not need to get a PERM labor certification. For information on this, please refer to my last article or the PERM labor certification page.

For more information, please visit our EB-1 Green Card page.

You’ve come temporarily to study or work in the United States or permanently reside with your spouse. You’ve completed the legal process of obtaining a visa (F-1/J-1 for students, L1 for Executive, E-2 for Owner/investor, or green card) and your visions of accomplishment of your venture look within your reach. But there is still one obstacle to your success and that is to acquire the skill of cross-culture communication.

No one goes to school or works without interactions with other students and employees, teachers and service providers, suppliers of books, equipment, landlords, mechanics, bus drivers, instructors, care-givers, sales people, and fellow sojourners from other countries abroad. In these interactions between “there’s bound to arise one or more of these obstacles to successful communication: 1) confusion,2) misunderstanding, 3) misinterpretation.

It’s natural, even if you are native to the locality, to slip up with your communication signals. What is a “culture” anyway? It’s the uniqueness of a group of people (usually from same location) — it’s their differences, how they are different, distinct from one another in their “deeply held beliefs and instincts about what is natural, normal, right and good.”(see Stroti ref.) Sounds like what would be called “common sense” in any language. And, that’s true: what we’re dealing with here is two different interpretations of what is common sense.

“To succeed in an overseas assignment, expats have to interact effectively with the local people.” Craig Storti goes on to say in The Art of Crossing Cultures, “Cross –cultural encounters don’t always go wrong, of course, any more than same-culture interactions
always go splendidly, but, all things being equal, they are certainly more likely to end badly.” Mr. Stroti goes on to explain why this happens and offers guidelines on how to prevent cultural mishaps.

My future writing plan is to deal more thoroughly with the subject of cross-cultural skill building. But for an overall summary of theory and practice, I recommend Mr. Storti’s book, with its many humorous quotes, as a balance of entertainment with enlightenment.

[Craig Storti, The Art of Crossing Cultures, 2nd Ed., Intercultural Press, Maine; Nicholas Brealey Publishing, London, 2001]

In any ordinary circumstance of life, such an exchange would, at the very least,
be considered rude, if not an actual outrageous intrusion into one’s private life; a
failure to appreciate the beneficial goals you have set out to achieve. However,
this is not the usual meeting, but is the required Interview step in the Immigration
Process. And there’s good reason to be adequately prepared and ready for what
may be a stressful experience – as it many times will and should be since you are
progressing [and progress takes effort] from one step to the next.

The documentation and interview: it’s only a test, a process to show that you
are qualified to go on to another level. And about stress: when we realize that
we should expect this uneasiness to occur, then the experience becomes less
confrontational, more about protocol.

Immigration Examiners are professionals trained to review documents and to
question applicants to discover any missing parts needed to legally qualify the
questioner to adjudicate the application.

For marriage based green card interviews following the rules and procedures is
only one step; there’s a legitimate step described as “determining [in the case of
marriage] whether the couple’s relationship is bona fide.”

You have your personal goals which involve immigration status change or
adjustment of status. When you know you are fully prepared and qualified, any
emotional anxiety and fear is just a normal part of the process.

As an immigration lawyer, I find that there’s often a need to make clarifications
regarding specific forms. There are so many forms associated with immigration
it’s easy to become confused. This happened the other day when someone from
Sacramento had a question regarding her permanent resident card, which is
commonly known as a green card.

Purpose of Replacement Green Card

It is important to understand that a replacement green card is not intended
for someone whose status as a conditional resident is expiring or to replace a
non-permanent visa. The replacement card is for people who already possess a
permanent resident card. The immigrant from Sacramento did already hold a green
card.

Replacement cards are intended for those who have had a legal change in biographic
data, whose card contains incorrect information due to an USCIS error, if you need
to renew your green card or if you were issued a card but never received it. You
do not file a for a replacement green card if you’ve changed your address. You may
report a change of address via the USCIS site (www.uscis.gov).

Filing for Replacement Green Card

An I-90 application, which may be filed electronically or by mail, is used when
applying for a replacement card. Supporting evidence must also be submitted.
Depending upon your situation forms and types of evidence vary. The filing fee is
$290 and the biometrics fee is $80.

The process can get fairly complicated, as I noted to the Sacramento resident who
needed to file for a replacement of her green card. You must offer your reason
for the replacement card clearly and accurately and this reason influences how
to accurately complete the form. A knowledgeable immigration lawyer can help
facilitate this process.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose,
and Sacramento, California, at info@ranchodlaw.com or at 800-753-1399 if you
have any questions regarding immigration law.

Benefits of Green Card Focus of this Blog by San Francisco Immigration Lawyer

The Alien Registration Receipt Card, which is the official name for the US Green Card, is a prized possession for many who want to immigrate to the United States. That’s because the Green Card, which is also known as the Permanent Resident Card (PR), gives individuals many rights and benefits and puts an immigrant one step away from citizenship. I’ve found in my years as an immigration lawyer in the San Francisco Bay area that this card offers holders a wealth of security.

What a Green Card Designates

Specifically, a green card designates those aliens who have come to the US and now possess permanent resident status. If you have a Green Card, you aren’t here as a temporary worker or as a student or in any other non-permanent capacity. It does not mean you are a citizen but it does mean that you may live and work in any of the 50 states.

Green Card Benefits

There are many benefits to having a Green Card. Here’s a quick list of the ones that I highlight when I work with people in all 50 states through my immigration law practice located in the San Francisco area.

• You may enter or leave the country at will and as long as you have your card with you and proper identification you won’t be denied entrance to the U.S. and as long as you have not “abandoned your residence” in the U.S.
• The Green Card is a lifetime benefit, but keep in mind that the actual physical card must be renewed every ten years.  Although if you have a conditional Green Card it is only valid for two years and you must ensure that you renew it prior to the two year period.
• Those with Green Cards receive Social Security retirement benefits as long as they have worked for 40 quarters.
• Those with Green Cards are eligible for resident tuition at state colleges and universities and may apply for financial educational aid from government-sponsored programs.
• Green Card holders may also start their own business.

Citizenship

Once you have your Green Card, you may eventually apply to become a U.S. citizen. Until you are a citizen, you may not vote in U.S. elections. Many of those who I work with as an immigration lawyer through my San Francisco law office have hopes of eventually becoming citizens. The Green Card, along with providing a huge amount of security, is a major step towards citizenship.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding Green Cards or immigration law.