Please help with my i-130/i-485 questions

The adjustment of status of an A-1, A-2, G-1 or G-2 is limited to 50 per year but only if applying on a particular basis in the law as described below. However, as an A-3, you are not subject to adjustment under that section. You will apply under INA 245(a) instead. You still include the I-508 and I-566 along with your adjustment package. But as an IR of a USC, there is no quota. If you are acquainted with anyone who might qualify under this section, here is the regulation and statute. That law is codified at 8 U.S.C. 1255B.

8 CFR § 245.3 Adjustment of status under section 13 of the Act of September 11, 1957, as amended.

Any application for benefits under section 13 of the Act of September 11, 1957, as amended, must be filed on Form I–485 with the director having jurisdiction over the applicant's place of residence. The benefits under section 13 are limited to aliens who were admitted into the United States under section 101, paragraphs (a)(15)(A)(i), (a)(15)(A)(ii), (a)(15)(G)(i), or (a)(15)(G)(ii) of the Immigration and Nationality Act who performed diplomatic or semi-diplomatic duties and to their immediate families, and who establish that there are compelling reasons why the applicant or the member of the applicant's immediate family is unable to return to the country represented by the government which accredited the applicant and that adjustment of the applicant's status to that of an alien lawfully admitted for permanent residence would be in the national interest. Aliens whose duties were of a custodial, clerical, or menial nature, and members of their immediate families, are not eligible for benefits under section 13. In view of the annual limitation of 50 on the number of aliens whose status may be adjusted under section 13, any alien who is prima facie eligible for adjustment of status to that of a lawful permanent resident under another provision of law shall be advised to apply for adjustment pursuant to such other provision of law. An applicant for the benefits of section 13 shall not be subject to the labor certification requirement of section 212(a)(14) of the Immigration and Nationality Act. The applicant shall be notified of the decision and, if the application is denied, of the reasons for the denial and of the right to appeal under the provisions of part 103 of this chapter. Any applications pending with the Service before December 29, 1981 must be resubmitted to comply with the requirements of this section.

(Secs. 103, 245, of the Immigration and Nationality Act, as amended; 71 Stat. 642, as amended, sec. 17, Pub. L. 97–116, 95 Stat. 1619 (8 U.S.C. 1103, 1255, 1255b))

[47 FR 44238, Oct. 7, 1982, as amended at 59 FR 33905, July 1, 1994]

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SECTION 13 OF THE ACT OF SEPTEMBER 11, 1957

(71 Stat. 642; 8 U.S.C. 1255B)

as amended by section 17 of Public Law 97-116 and section 207 of Public Law 103-416

SEC. 13. Notwithstanding any other provision of law-

(a) Any alien admitted to the United States as a nonimmigrant under the provisions of either section 101(a)(15)(A) (i) or (ii) or 101(a)(15)(G) (i) or (ii) of the Immigration and Nationality Act, who has failed to maintain a status under any of those provisions, may apply to the Attorney General for adjustment of his status to that of an alien lawfully admitted for permanent residence.

(b) If, after consultation with the Secretary of State, it shall appear to the satisfaction of the Attorney General that the alien has shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the alien's immediate family and that adjustment of the alien's status to that of an alien lawfully admitted for permanent residence would be in the national interest, that the alien is a person of good moral character, that he is admissible for permanent residence under the Immigration and Nationality Act, and that such action would not be contrary to the national welfare, safety, or security, the Attorney General, in his discretion, may record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for adjustment of status is made.

(c) A complete and detailed statement of the facts and pertinent provisions of law in the case.shall be reported to the Congress with the reasons for such adjustment of status. Such reports shall be submitted on the first day of each calendar month in which Congress is in session. The Secretary of State shall, if the alien was classifiable as a quota immigrant at the time of his entry, reduce by one the quota of the quota area to which the alien is chargeable under section 202 of the Immigration and Nationa lity Act for the fiscal year then current or the next following year in which a quota is available. No quota shall be reduced by more than 50 per centum in any fiscal year.

(d) The number of aliens who may be granted the status of aliens lawfully admitted for permanent residence in any fiscal year, pursuant to this section, shall not exceed fifty.
 
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Thanks for the reply joe. You are really experienced about this stuff. What is your opinion about the other 2 questions? Do you think the food stamp thing can cause any problem with USCIS ?
 
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Thanks for the reply joe. You are really experienced about this stuff. What is your opinion about the other 2 questions? Do you think the food stamp thing can cause any problem with USCIS ?

If you get caught cheating at that you could be subject to prosecution. Here is but one example of a violation under a California code which has been held to be a crime involving moral turpitude and depending on the amount of the fraud may not qualify for an exception under immigration laws involving admissibility, deportation, good moral character for various purposes such as naturalization or withholding of removal and other waivers.

READ: http://law.justia.com/california/codes/2009/wic/10980.html
AND
Google the topic for where you live.
 
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I dont want to create another thread regarding my case so hopefully i will be using this same thread for all my questions regarding my i-130/i-485 process so please watch this thread. So far i have the following questions:

- Because my wife can't afford the health insurance from her employer, she has to apply for food stamp. But she had to lie because they told her that she wasnt qualify it, that she make enough. My question is, can this affect the i-130 petition?? can USCIS know about this and if they do, what will be the conquence?

- If we file in all the papers by this month or early next month and being that 2010 tax returns start later this month, am i going to recieve RFE for the most recent tax returns proof (2010)??

- i was told that USCIS has a limited number for A and G visa type holder that can apply for green card (he said 500 or so). How true is this?? I always think it is only those in f2 category that have that kind of quotas??


Immi,

You will be well-advised to stay clear of the lying which your wife seem to engage in with regards to food stamp. In your case, just fake ignorance of the food stamps process, because USCIS could try to attach you to the food stamp business, thereby nailing you for a denial of your green card. I wonder how much USCIS cares about us "Americans" who decided to want to suck the govt boobs (welfare). I doubt USCIS will do anything about her need for whole milk from US govt cow not treated with rBST...:)

On the tax question, I think you are misguided, just a tiny bit. The tax year of 2010 submission is on April 15, 2011. She should have filed for 2009 on April 15, 2010. Did she file those taxes? You can always have her request the transcript from IRS.gov which should accompany I believe her I-864. If you file in January 2011, no RFE can be sent to you for tax year 2010, because it will only become relevant after April 15, 2011.

In my view, I don't buy any limitation to a green card for the spouse of US citizen. The probability of your petition for a green card being denied due to limitation is as rare lion in lower Manhattan.
 
Yea Al but even if am not part of the food stamp issue, she is my wife and as i know, i-130 petition is strictly based on the petitioning USC - the finnancial capability and past crime record- or am missing something here?? I believe USCIS runs backgroung check on every i-130 petitional and this is my concern as the food stamp issue may pop up.
 
Hi everybody, pls i need some clearification about i-864. I will be using a joint sponsor and i want to know what happen if the joint sponsor has only file for just 2 most recent years (i.e '07 and '08)? Is it a MUST for a sponsor to had filed 3 most recent tax returns or is it just advisable?
 
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