Legal Question in Immigration Law in Washington

My question is for my dad. He is Canadian but he has an American green card. He's been working in the U.S for about 3 and a half years. Now, he is working on getting my brother (11 years old) and my mom into the U.S from Canada. My question is about the I-864W that he has to fill out. We're not sure if he's supposed to put his information on it or if he's suppose to fill it out with my little brother's info. also, which box would he check?!

I am EXEMPT from filing a Form I-864 Affidavit of Support because:

[ ] I have earned (or can be credited with) 40 quarters (credits) of coverage under the Social

Security Act (SSA). (Attach SSA earnings statements. Do not count any quarters during

which you received a means-tested public benefit.)

[ ] I am under 18, unmarried, immigrating as the child of a U.S. citizen, and will automatically

become a U.S. citizen under the Child Citizenship Act of 2000 upon my admission to the United States.

[ ] I am filing for an immigrant visa or adjustment of status as a self-petitioning widow(er)

using Form I-360.

[ ] I am filing for an immigrant visa or adjustment of status as a battered spouse or child using

Form I-360.


Asked on 2/10/10, 11:17 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

If a person worked in the USA for only 3 years, he is not eligible for an exemption of the Affidavit of Support requirement, and thereofore, the form I-864W is not an appropriate form.

In addition, if he is only a permanent resident (not a USA citizen) there is NO immediate need for the Affidavit of Support because his wife and a child will have to wait for their Priority Dates to become current before they can apply for visas/green cards.

If he is working with an immigration attorney, he should consult them before proceeding any further. If he didn't consult an attorney yet, he should do so, as it appears from your post that he might not be understanding the immigration processes involved.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 2/16/10, 7:57 am


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