Can I petition someone if I am unemployed and receiving assistance? 6 Answers as of January 19, 2011

Can I still file citizenship for my husband if I am receiving assistance from the state and unemployed?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If you are a permanent resident or U.S. citizen you can petition for your husband to become a permanent resident. He will need to be a permanent resident for several years (three if married to a U.S. citizen and f5 otherwise before he can self-petition for U.S. citizenship.

As part of his permanent residency process you must demonstrate that he will not become a public charge. As the petitioner you are required to file an Affidavit of support and show income in excess of 125% of the Poverty Guidelines for that year. If you do not meet this threshold you will need to get a co-sponsor.
Answer Applies to: California
Replied: 1/19/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You can but you will face possible denial because you can't guarantee that your husband will not be public charge.
Answer Applies to: Florida
Replied: 1/13/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Yes, but you will need a joint sponsor for the required affidavit of support.
Answer Applies to: Virginia
Replied: 1/13/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Yes you can petition your husband for legal permanent residence (he has be a LPR first to become a citizen) if you are unemployed. However, you will need a co-sponsor for the affidavit of support (Form I-864) since you are unemployed.
Answer Applies to: California
Replied: 1/13/2011
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
If you are a US citizen, you can file the petition for your foreign husband to obtain an immigrant visa regardless of your current financial situation. The related question is if your husband will then qualify for that immigrant visa or Green Card which depends on many factors, including the likelihood that your husband would become a public charge. Therefore, each petitioner (=you) needs to submit an affidavit of support (I-864) for the foreign spouse. In your case, you must submit an I-864 but without income or sufficient assets, you will not qualify. In that scenario, your husband needs a joint sponsor, that is, another US citizen or Lawful Permanent Resident, who is willing to assume the responsibilities under form I-864.

In addition to this question, there are many other factors which need to be considered and, therefore, you should consult with an immigration attorney. If you cannot afford to pay an attorney, you should inquire with your local bar association to identify non-profit organizations and other attorneys who can advise you "pro bono," that is, free of charge.
Answer Applies to: Florida
Replied: 1/13/2011
Click to View More Answers: