III. Sr Para / New Atty: I-130 Family Based Immigration

Question 1

What are the family preference categories?

Answer 1

• -F1: Unmarried sons and daughters of USCs
• -F2A: Spouses and minor unmarried children of LPRs
• -F2B: Unmarried sons and daughters of LPRs
• -F3: Married sons and daughters of USCs
• -F4: USC siblings

10 points

Question 2

Who is an Immediate Relative (IR)?

Answer 2

• -Spouses of USCs
• -Minor, unmarried children of USCs
• -Parents of USCs over 21

3 points

BONUS
No quota
*3 points
No bar to adjustment for failure to maintain status and work without authorization
*3 points

Question 3

What are the benefits of being an IR?

Answer 3

• -Visas always available
• -Concurrent I-130 and 1-485 filings allow for EADs and APs
• -Work w/o authorization inapplicable
• -Maintenance of status inapplicable

4 points

Question 4

What’s the upside of being family preference category rather than IR?

Answer 4

You can include derivatives

IRs each need their own I-130.

Question 5

Who can be a co-sponsor for the affidavit of support?

Answer 5

• -Over 18
• -Domiciled in US

–USC or LPR

Question 6

How much does a cosponsor need to earn?

Answer 6

More than 125% of the poverty level
1 pt

Bonus:
100% if in military, 1 pt
Different amounts for in AK and HI, 1 pt

Question 7

How much in assets do you need to replace income for the I-864?

Answer 7

The difference in income required and actual income times
–5, generally

• -3 for spouses and minor children of USCs
• -1 for orphans who will immediately acquire citizenship upon entry

Question 8

When is a Cosponsor needed in a case?

Answer 8

Insufficient petitioner income

Insufficient assets to make up lack of income

Question 9

When do you update an I-864?

Answer 9

Never, valid indefinitely

Question 10

When do you update financial evidence for I-864?

Answer 10

After 12 months or a material change