Unlawful Presence
 

Hi All!

If one accrues 4 months of unlawful presence only to fall out of status again after being in status for a time, does the new time of unlawful presence tack on to the previous time of 4 months?

Also, does the INS employ computer matching to find out if a sponsor has been on a means-tested program in the past 3 years?

Thanks,

Claire

Re: Unlawful Presence
 

Any help out there?

Re: Unlawful Presence
 

I guess I'd have to assume that the INS doesn't know about your first time "out of status" because they granted you status after that (you didn't mention the type of status granted).

Re: Unlawful Presence
 

To make myself clear,

I got married 1 week before my K1-visa expired,then we filed the AOS on February 2002. I know that I was out of status for 4 months. Since my husband is on welfare, we're afraid of being denied at my AOS and now that's where my question above occur.

Talking about I-864, my husband has no tax returns since he's still a student receiving scholarship and grants. I am too is not working since I have to take care of him of his disability.

We were thinking, if we can submit a new I-864 with a co-sponsor during the AOS interview or not to attend at all until he'll be able to work. The reason why we don't have a co-sponsor at first, was because that time, aside from SSI, he was in school and receiving scholarship and grants so he made his scholarship as his income which above the poverty.

Now that my husband is home bound, we don't have any income but just the SSI.

We don't know what to do.

Re: Unlawful Presence
 

You need a cosponsor. You can NOT avoid the interview when it comes unless there is a
VERY good excuse. To the INS, being unemployed would not ve a good excuse.

SSI is a means tested benefit, so that is a problem.

Re: Unlawful Presence
 

Excuse me but Social Security Disability payments are not means tested benefits. They have been used successfully on I-864's in the past as income and is acceptable to INS. Please do a search on google for those posters. One such poster was legally blind and lived in California. They went the K-1 route and later AOS.

For the original poster, line up a co-sponsor and attend your AOS interview when scheduled. Once you have permanent residency you will breath easier and perhaps you can find nursing assistance for your husband and you can join the US workforce if you so choose.

Rete

Re: Unlawful Presence
 

    > If one accrues 4 months of unlawful presence only to fall out of status again after
    > being in status for a time, does the new time of unlawful presence tack on to the
    > previous time of 4 months?
    >
    > Also, does the INS employ computer matching to find out if a sponsor has been on a
    > means-tested program in the past 3 years?

State Department Foreign Affairs Manual (FAM) says only unlawful presence during the
last trip in the U.S. is counted. So that's the rule for visas at least.

INS is less clear on the subject of course. You'd expect, however, they'd follow the
same procedure, but there are no guarantees of that of course.

CP

Re: Unlawful Presence
 

Rete wrote:
    >
    > Excuse me but Social Security Disability payments are not means tested benefits.

I agree.. But SS Disability is a bit different from SSI. SSI, unlike regular SS
Disability is a means tested benefit. SSI is given to people not entitled to regular
SS Disability benefits. Are you sure SSI is treated the same by INS?