Legal Question in Immigration Law in California

Immigration Law (I-134 form)

I arrived in the U.S. under J-1 visa status and applied to INS for F-1 status change last September, 2001, prior to the expiration of my J-1 visa. INS recently requested I complete the I-134, ''Affidavit of Support'' form. My parents are willing to provide the funds for my tuition and living expenses. They live outside of the U.S. and I just learned my Father recently became unemployed. My parents reported my mother's income only on this form eventhough my father expects to have another job soon. He was earning aprox. $25,000.00. My mother earns $5,500.00. Do you know whether the INS requires a minimum support amount on this form? Must the funds be in the U.S.? Should I write a letter to accompany this form explaining my fathers current unemployment? I'm hoping to receive a full tuition scholarship from a prestigious university. If I submit this form now with funds reported of $5,500.00, and am denied a F-1 status change, will this impact any future visa status change applications to INS? What will happen if INS denies my status change?


Asked on 3/11/02, 7:56 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: Immigration Law (I-134 form)

Because you're seeking the F-1 visa rather than immigrating to the US, the INS probably only wants to see that on the I-134, your family shows sufficient funds in bank accounts to cover your tuition and living expenses, which may well be much more than $5,500. The 2002 poverty level, for your information, for a family of one in the US is about $8,800. So, you should include a letter explaining your father's situation just in case.

If your change of status to F-1 is denied, you would have only a short time, if any, to leave the U.S. after receiving the denial. If you don't leave, you will have overstayed the J-1 and filing another change of status will not be possible. You would have to go home to apply for another visa at the US consulate.

Liem Doan, Esq.

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Answered on 3/12/02, 2:51 am


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