Legal Question in Immigration Law in Florida

My case was denied because my joint sponsor did not show sufficient income even though they have 1 000 000 dollars in properties paid off. I found a new sponsor, do I have to re-file the whole package again? I have 2 weeks to file a motion against the decision.


Asked on 9/14/09, 3:43 pm

2 Answers from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Maybe; it's not possible to know without taking a look at the documentation available to support a motion on ability to pay wage issue which it looks like the problem is. Net current assets can be used to substitute for net income, so unless the employer has other debt, or your salary is very high, I don't see why the properties couldn't be used for that. But again, without seeing the documents, it's very hard for an attorney to analyze properly. The documents needed would be tax returns, financial statements and bank statements.

Let me know if I can further assist. I'm a Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization and a "Super Lawyer" 2004-present, "Los Angeles Magazine"

Sincerely,

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Answered on 9/14/09, 10:40 pm
Michael Harris Law Offices of Kravitz and Guerra, P.A.

I believe the previous attorney was writing concerning Ability to Pay issues concerning Employment-based Adjustments.

It sounds like you were trying to adjust your status based on a familial relationship. If so, a motion could be re-filed, if it meets the requirements for filing Motions to Reopen. There is an obvious gamble: filing a Motion to Reopen will cost less in filing fees than filing the I-485 again. Depending on the strength of the new evidence, filing a motion may be advisable.

To better advise you, we will need to see your supporting documentation. If you would like to schedule an appointment at our office in Miami, please contact me for more information.

Sincerely,

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Answered on 9/15/09, 12:12 pm


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