Hi pitchoun,
It would not be foolish at all for you to proceed without a lawyer, in
fact, the opposite is true. Given that the relative whom you will be
petitioning is your mother, and also given that she has 40 qualifying
quarters of employment, the process should be relatively easy.
1) Immediate Relative
"People who want to become immigrants are classified into categories
based on a preference system. The immediate relatives of U.S.
citizens, which includes parents.., do not have to wait for an
immigrant visa number to become available once the visa petition filed
for them is approved by the USCIS. An immigrant visa number will be
immediately available for immediate relatives of U.S. citizens."
http://uscis.gov/graphics/services/residency/family.htm#anchor156900
How Do I Bring My Parents to Live in the United States?
"...There is a two-step process for your parent to become a legal
immigrant. First, the USCIS must approve an immigrant visa petition
that you file for your parent. Second, if your parent is outside the
United States, your parent will be notified to go to the local U.S.
consulate to complete the processing for an immigrant visa."
http://uscis.gov/graphics/howdoi/parents.htm
Petitioning Procedures: Bringing a Parent to Live in the United States
If you are applying to bring your mother to live in the United States,
you must file the following with the USCIS:
* Form I-130, Petition for Alien Relative
* A copy of your birth certificate showing your name and your mother?s name
* If your name or your mother?s name is different now than at the
time of your birth, you must provide evidence of the legal name
change.
http://uscis.gov/graphics/howdoi/parentapp.htm
FORM I-130
http://uscis.gov/graphics/formsfee/forms/i-130.htm
>>> 40 Qualifying Quarters
The news is good regarding your mother's 40 qualifying quarters in
that you won't have to fill out Form I-864 (Affidavit of Support).
Are there any exceptions to the sponsorship requirements?
There is no need to submit a Form I-864 if the intending immigrant can
show EITHER that the intending immigrant has already worked, or can be
credited with, 40 qualifying quarters as defined in title II of the
Social Security Act... For more specific information about these
exceptions, please see the May 2001 section of the ?New USCIS Policy
and Procedural Memoranda?.
Where Can I Find the Law?
"The Immigration and Nationality Act is a law that governs the
admission of all immigrants to the United States. For the part of the
law concerning affidavits of support, please see INA § 212(a)(4) and
213A. The provisions are codified in Title 8, United States Code, as
sections 1182(a)(4) and 1183a. The specific requirements for
affidavits of support can be found in Title 8 of the Code of Federal
Regulations (CFR) at 8 CFR part 213a."
http://uscis.gov/graphics//howdoi/affsupp.htm#arethere
SUBJECT:
Whether an affidavit of support is required if the alien already has,
or can be credited with, 40 qualifying quarters of coverage
"Under INA §212(a)(4)(C), an alien who seeks permanent residence as an immediate
relative or as a family preference immigrant is inadmissible as an
alien likely to become a public charge, unless the visa petitioner
submits an affidavit of support (INS Form I-864) that meets the
requirements of §213A. This requirement also applies to
employment-based immigrants, if a relative either filed the Form
I-140, or has a significant ownership interest in the firm that did
file the Form I-140. Section 213A(a)(3)(A), however, provides that the
obligations under a Form I-864 terminate once the sponsored alien has
worked, or can be credited with, 40 qualifying quarters of coverage,
as defined under title II of the Social Security Act. The affidavit of
support regulation reflects this provision. 8 C.F.R.
§213a.2(e)(1)(i)(B).
The question has recently arisen: Is an affidavit of support still
required if, at the time the
alien seeks permanent residence through admission or adjustment of
status, the alien can show that he or she already has worked, or can
be credited with, 40 qualifying quarters of coverage? The policy of
the Service is that an affidavit of support is not required if, at the
time the alien seeks permanent residence through admission or
adjustment of status, the alien can show that he or she already has
worked, or can be credited with, 40 qualifying quarters of coverage."
http://uscis.gov/graphics/lawsregs/handbook/AFDSUPTCCA.PDF
>>> After the I-130 is processed
Immediate Relatives
If you are the immediate relative (spouse, parent or unmarried child
under 21 years old) of a U.S. citizen, submit the following forms:
* I-485, Application to Register Permanent Residence or to Adjust Status
* G-325A, Biographic Information
* Either your original I-130, Petition for Alien Relative (if you
are filing concurrently)
* [I-864 Not Needed, instead she will need proof of her 40 Qualifying Quarters]
* I-693, Medical Examination of Aliens Seeking Adjustment of Status
* All required supporting documentation as listed on the above forms.
http://uscis.gov/graphics/formsfee/forms/i-485.htm
Package of all of these forms:
http://uscis.gov/graphics/formsfee/forms/files/i-485pk1.pdf
Additional Links of Interest:
General Information on Immigration Forms
http://uscis.gov/graphics/formsfee/forms/forminfo.htm
I was glad to be able to help you with this. If you have any
questions, please post a clarification request *before* closing/rating
my answer and I'll be happy to reply.
Thank you,
hummer
I searched the USCIS website and used my own research on this subject. |
