I-130 For Mother Sponsored By Son

• Petitioner did not have sufficient income to sponsor his mother for a Green Card.
• Request for Evidence posed potential rejection of the petition.
• The client must prove financial evidence of assets or find a joint sponsor.

BACKGROUND

College student Gerald Li knew his mother Shu-Ching Li had sacrificed everything to create a better life for him. He wanted to repay her sacrifice by sponsoring her petition to become a Legal Permanent Resident (LPR), also known informally as applying for a green card. Even though young Mr. Li was a U.S. citizen, his petition would face one big hurdle. First, he was only 23 years old and still a full-time student. Immigration law requires a petitioner to prove they have the income to support the beneficiary.

The initial process seemed simple. Since Ms. Li already had a B1/B2 visa (a non-immigrant visa for persons who want to enter the United States temporarily for business or tourism) she could apply for her green card with Form I-485, Application to Register Permanent Residence or Adjust Status. Not so simple. One month later, Ms. Li received a Request for Evidence (RFE) from the United States Citizenship and Immigration Services (USCIS). They wanted proof that her son had enough assets to support her or she would need to find a joint sponsor. Ms. Li was very concerned. She knew her son didn’t have the financial wherewithal to provide for her, and they didn’t know anyone to be a joint sponsor. Gerald’s dream for his mother was about to die, and he was feeling hopeless about the situation. Fortunately, they contacted the immigration law experts at Tsang and Associates.

KEYS TO SUCCESS

After a thorough consultation with the Li family, Tsang and Associates crafted a strategy to satisfy the USCIS. In response to the RFE, the firm drafted a letter to the U.S. Department of Homeland Security at Lee’s Summit, Missouri. Since Gerald Li, as a full-time student, did not possess sufficient assets in his own right, Ms. Li would provide proof of her assets and financial self-sufficiency. According to the U.S. Department of Health and Human Services (HHS) guidelines, 125% poverty level for a family of two is $20,025. The attorneys at Tsang and Associates have had a lot of experience working with the requirements of Form I-864 (Affidavit of Support) and knew a provision (Part 7) allows the assets of a beneficiary (Ms. Li) to be considered as income. The caveat is that the total value of the assets must be five times the difference between the total income and the HHS poverty line. In Ms. Li’s case, she would need to prove she had assets five times the 125% guideline of $20,025 or $100,125. In the RFE response, Tsang and Associates provided proof of Ms. Li’s savings account totaling $38,000 and a home valued at $600,000 that she owned outright.

OUTCOME

Normally, this type of case could take 8-10 months to resolve. However, because of their three decades of experience and expertise, Tsang and Associates successfully resolved the matter in less than a month. Ms. Li received approval of her green card without requiring an interview. Tsang and Associates are proud to have helped Gerald Li make his mother’s dream of becoming a U.S. citizen come true. Mr. Li can continue with his education knowing that his mom is going to be there with him.