Tips on Adjustment of Status / Consular Processing from Boston AILA Conference

I was in Boston today at the Fundamental of Immigration Law Conference sponsored by the American Immigration Lawyers Association (AILA).  I spoke at a seminar entitled “Adjustment of Status and Consular Processing Workshop with the Experts–I-485, I-864, DS-230.”

The immigration lawyers in attendance asked me some great questions, mostly about the I-864.  Here is some follow-up information:

1.  I-864, Affidavit of Support.  For questions on completing the I-864, I refer to an excellent 2006 USCIS memo available here which consolidated and revised USCIS policy regarding the I-864, Affidavit of Support.  Although more recent updated on the I-864, I find that this guide answers most basic questions.

2.  Public Charge and Public Benefits:  Your immigration clients may be concerned that if they accepts public benefits in the United States it could cause them immigration problems.  USCIS has published a guide available here that spells out which public benefits raise inadmissibility concerns under the public charge provisions of the Immigration and Nationality Act.  USCIS also put out a version of this guide specific to Massachusetts state benefits available here.

3.  Affidavit of Support (I-864) does not apply if the applicant seeking adjustment of status has worked or can be credited with working for 40 qualifying quarters, which can be documented by obtaining a certified Social Security earnings statement.  Information on how to obtain this statement can be found here.

I hope this information is helpful.  If anyone has a more specific immigration law questions, please call or email me.