QUESTION

If I have not been employed for almost 2 months, am I allowed to file for my mother who is in another country?

Asked on Mar 19th, 2015 on Immigration - New Jersey
More details to this question:
I have been unemployed for almost 2 months. My mother has someone else to sign an affidavit of support for her. I need to know if I have to be employed and working to file for my mother who is in another country. She has a visa that she travels on sometimes but she wishes to stay in her Country until the filing is done and complete. I am a US citizen since June 2014.I am in New York State. And if I must work to file do I have to have high income? Also do I have to already have an apartment for her before she comes?
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3 ANSWERS

Sexual Harassment Attorney serving Brooklyn, NY
3 Awards
You are allowed to petition. However, you might have to find a joint sponsor before your mom can come to the US. The income levels are at www.uscis.gov, form i 864p.
Answered on Mar 24th, 2015 at 2:21 PM

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Bruce A. Coane
A petitioner does not need to be working at all in order to file. If your mother is abroad, then at a later date when the affidavit of support must be filed, if your income is zero or insufficient, a qualified co-sponsor can be used.
Answered on Mar 23rd, 2015 at 10:30 AM

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Corporate and Business Law Attorney serving Ridgewood, NJ
Partner at NPZ Law Group
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You can file for your mother and sponsor her if you have a tax return that shows an income level over the threshold required for sponsorship. If you do not meet the threshold based upon the household number, then you can get a cosponsor. The details that you were given in your email do not give us enough information to be able to assess the best way for you to proceed. We highly recommend that you consider engaging a qualified immigration law professional to assist you with regard to your application.
Answered on Mar 23rd, 2015 at 10:28 AM

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