Hi i was wondering on some doubts i have with my ITIN and greencard process.
Asked on Jun 19th, 2012 on Immigration - Massachusetts
More details to this question:
Hi my name is Fernando and im 16 years old; I was born in Brazil on Jan 29,1996 and I came to america when I was 4 years old. I came legally with my parents with a visa and at the time I obviously couldnt get a Social Security so I was given a ITIN. I am under an emansipated marriage with my wife,which I truely love, and we have a 1 year and 3 month old baby. I am entering with a green card process through my marriage and my lawyer said its possible but he wasn''t sure. I was wondering are my chances really slim or good? My mom was worried that if I use my ITIN number anywhere it could screw up the greencard process. I have recently worked with a guy but he keeps asking me to give him my ITIN; so he could put it in his tax application but my mom thinks if I do that it could possibly screw up my process. Also if I create a bank account jointed with my wife would that help?
Thank you very much, Fernando
I will assume for purposes of your question that your wife is a U.S. citizen who is interested in petitioning for your permanent residence. If so, you would likely be approved for permanent residence as you entered legally and have a bonafide marriage as shown through the birth of your child so long as you are not barred under other sections of law such as crimes or security threat. As an emancipated minor, age would likely not present a problem. Your wife or a co-sponsor will have to demonstrate the ability to support you through an I-864 affidavit of support. Illegal work is not an obstacle where you are being sponsored by a U.S. citizen spouse. Use of your ITIN would not hinder your application. However, the income from your work does not count toward your support since you are presently illegal. Generally speaking, your wife and co-sponsor (if needed) would have to show proof of permanent resident or U.S. citizenship status, job letter with paystubs, bank statement or bank letter, and tax returns for the past three years.
Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.