Filing for AOS - family based, questions.

[enochy]

I appreciate any help that can be provided.

Here is some background information.
My aunt(US Citizen) is sponsoring my dad for his green card. My father is the beneficiary and myself, the dependent. We fall under 245i, and myself under 245i and the CSPA.

1. Does my father have to pay back taxes, if so, when to when? He started filing taxes in 2006 to today, so from 92-05, he hasn't paid taxes.

2. On the i-485 form (PART 2), are the children A or B?

3. On the i-485 form(PART 3 SECTION B), does my father list us as children, and check off yes "applying with you" ?

4. Do I apply separately for the i-485 from my father? (I am 21 right now and a dependent of my father[beneficiary])

5. Do I also have to pay the $1000 penalty fee(245i) although I am a dependent and not the beneficiary?

6. My aunt(US citizen sponsor for my father) does not work, so she does not file taxes, how is that handled in the I-864? (We have a sub-sponsor for I-864A since my aunt does not have an income)


Again, i appreciate any help that you can give me, thank you again.
-Enoch

P.S, Does anyone happen to know any excellent lawyers in the NYC area?

 

[Jackolantern]

1. Hasn't paid, or hasn't filed taxes? There is a big difference. He could have been paying taxes without filing, if his employer was withholding the taxes from his wages.

2. Derivative applicants (like you) would choose B.

3. Yes, he would list all children, checking Yes or No for each based on who is or isn't applying for a derivative GC.

4. Yes you need your own separate I-485, regardless of your age.

5. Not sure.

6. You answered your own question.

 

[enochy]

1. Hasn't paid, or hasn't filed taxes? There is a big difference. He could have been paying taxes without filing, if his employer was withholding the taxes from his wages.

2. Derivative applicants (like you) would choose B.

3. Yes, he would list all children, checking Yes or No for each based on who is or isn't applying for a derivative GC.

4. Yes you need your own separate I-485, regardless of your age.

5. Not sure.

6. You answered your own question.

response
1. He hasn't paid taxes from 92-05, and i doubt that his employer had him on the payroll.

i appreciate all your help, thank you.