QUESTION
How will being unemployed affect my adjustment of status interview?
Asked on Jan 15th, 2011 on Immigration - Florida
More details to this question:
I am collecting unemployment and me and my wife are going for adjustment of status interview. I am a citizen and I got unemployed last month and this month I started collecting unemployment and I don't have any one to sponsor us. What should I do at the interview, do I need to show them unemployment paper or whats gonna happen with adjustment of status interview? I mean will they deny petition or they will give us a green card?
4 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
I assume when you submitted your application you included your most recent year's tax return and W-2. If you have a good history of employment and your 2009 tax return showed sufficient income it should not be an issue. I would go ahead and do all you can to get employed even if not in your ideal job. If your spouse is in a legal status and authorized to be employed and you have been together for six months or longer her income can count as well.
Answered on Jan 19th, 2011 at 1:13 PM
If you become unemployed before the adjustment of status interview, and this issue comes up at the adjustment interview, the USCIS adjudicating officer will ask you to find a joint sponsor before s/he can approve your wife's adjustment of status. You do not need to bring your unemployment paperwork as it is not relevant. I recommend gathering all of the necessary joint sponsor documentation before the interview. They are: (1) proof of status, (2) most recent Form 1040 tax return, (3) proof of income.
Answered on Jan 17th, 2011 at 10:43 AM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
You will likely need a co-sponsor if neither you nor your wife (if she has a EAD) are working at the time of the adjustment of status interview. One exception is if you have sufficient assets to meet the affidavit of support requirements. Another exceptions is if you and your wife have been married for 10 years and you have contributed 40 quarters to SSA during that time. You should review the I-864 Instructions to see if you qualify for either exception. Otherwise, the USCIS may determine that your wife is likely to become a public charge since you cannot meeting the Affidavit of Support guidelines.
Answered on Jan 17th, 2011 at 8:43 AM
It is possible that they will request proof of employment.
Answered on Jan 17th, 2011 at 8:28 AM