I-140 approved for adjustment BUT....

T

tuesdayschild

Registered Users (C)
Hi,
My mother has just been notified that her long overdue I-140 approval can be further acted upon and she can adjust her status.

Shes not computer saavy so I've been getting the forms and such information for her. One major thing that bothers me is the Affidavit of Support. She was hired to care for an elderly woman who couldn't speak and write so her son signed as a proxy on the procedures. A friend is telling us that the Affidavit needs to be filled out by him. However, after sending him the packet to fill out he said:
"Since I'm not the required relative as defined in 213A instructions, or a relative with a 5% interest in your employer's business, I regret there is no way I can legally fill out the forms you sent on your behalf."

On the official site it even says that some employment based petitions don't need the affidavit. She's been paying taxes for many years now, would that help? Our friend is still convinced though that the son should fill out the forms because he is a relative to his mother. I'm lost and confused.

Thanks in advance.
 
tuesdayschild said:
Hi,
My mother has just been notified that her long overdue I-140 approval can be further acted upon and she can adjust her status.

Shes not computer saavy so I've been getting the forms and such information for her. One major thing that bothers me is the Affidavit of Support. She was hired to care for an elderly woman who couldn't speak and write so her son signed as a proxy on the procedures. A friend is telling us that the Affidavit needs to be filled out by him. However, after sending him the packet to fill out he said:
"Since I'm not the required relative as defined in 213A instructions, or a relative with a 5% interest in your employer's business, I regret there is no way I can legally fill out the forms you sent on your behalf."

On the official site it even says that some employment based petitions don't need the affidavit. She's been paying taxes for many years now, would that help? Our friend is still convinced though that the son should fill out the forms because he is a relative to his mother. I'm lost and confused.

Thanks in advance.
Click to expand...
Are you filing I-485?
If it is employment based case it does not need an affidavit of support from the employer. If you are not comfortable hire an attorney
 
Hi,
Thanks so much for the response. Yes it is the I-485 that is being filed. The employer was not a relative of any sorts. So if I don't need the affidavit what sort of "support" information do you think would be required? Would any be required at all (not that I see anything further stated on the official page.) And for peace of mind, could you reccomend a good and trustworthy immigraton lawyer somewhere here in the NYC area? Or do you think this is something I can do on my own? (I don't really know how much consultation runs.)
My mom had a lawyer before, is there a way of letting the officials know that no more info should be sent to him? A form?

Thank you so much for your help so far.
 
tuesdayschild said:
Hi,
Thanks so much for the response. Yes it is the I-485 that is being filed. The employer was not a relative of any sorts. So if I don't need the affidavit what sort of "support" information do you think would be required? Would any be required at all (not that I see anything further stated on the official page.) And for peace of mind, could you reccomend a good and trustworthy immigraton lawyer somewhere here in the NYC area? Or do you think this is something I can do on my own? (I don't really know how much consultation runs.)
My mom had a lawyer before, is there a way of letting the officials know that no more info should be sent to him? A form?

Thank you so much for your help so far.
Click to expand...

It is not required to file affidavit for Employment based cases. You can go for Siskind in NYC or Rajeev Khanna Or Sheel Murthy.
Prior attorney will not get any correspondences.
 
another question

Hi,
Another question. In the I-1485 for adjustment of status aside from the affidavit there is a request for an "Employment Letter". It asks for a letter from the petitioning employer 'which confirms that the job on which the visa petition is based is still available..'. It adds that the salary must also be stated.
Is there any cases or special grounds where this letter may not need to be submitted? Is there a case scenerio where this may not be incumbant upon the approval of a visa?

Thanks for all the help and advice.
 
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