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DV 2007 Winner

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qatarsl
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DV 2007 Winner

Post by qatarsl » Fri Jul 27, 2007 6:46 pm

My friend is a DV2007 winner (Green Card Lottery) from Sri Lanka. He was interviewed by the US Embassy Colombo last week.

He has shown about US$5000 in saving and his applied through the profession of SALES REP PHAMASEUTICALS.

He also made the payment of US$755, for the VISA.

Now the Embassy wants him to produce a sponsor from the US. I'm wondering, why does he need to produce a SPONSOR from the US. He is a LOTTERY WINNER, should'nt he be given the GREENCARD.

He has no close contacts in the US who is whiling to provide with a sponsorship letter.

What do u think he should do?

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Post by Administrator » Fri Jul 27, 2007 8:13 pm

.

US immigration issues final rule for green card Affidavit of Support
http://www.workpermit.com/news/2006-06- ... idavit.htm

United States Permanent Resident Card
http://en.wikipedia.org/wiki/United_Sta ... ident_Card

I agree that the USCIS website does not make it easy to locate the requirements. I cannot find them right now, as a matter of fact, after about 20 searches on the site and another dozen via google.

However, virtually all immigrants to the U.S. require some form of sponsorship to demonstrate they will not need to be supported by social services.

Asylum seekers are one of the very very few exceptions, and there are special set-asides for that condition.


It is possible that your friend is not required to have a sponsor, but it is unlikely. Since he applied through a specific profession, there is some expectation that there is a job offer. $5000 will spend VERY rapidly in the U.S. economy.

Also .. surprising: do you mean the DV-2008 lottery ...? That's the one held this year for entry next year.

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Post by qatarsl » Sat Jul 28, 2007 5:07 pm

Administrator wrote:.


Also .. surprising: do you mean the DV-2008 lottery ...? That's the one held this year for entry next year.

the Admin
Thx for the input.

This is DV 2007.

He went for the interview last week. He is been told to produce a sponsor in 2 weeks.

What do u think he could do to overcome this requirement. for e.g. Can he show about US$ 10,000 savings. What do u recommend.

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Post by Administrator » Sun Jul 29, 2007 1:28 pm

.

I am not an immigration expert. As Admin here, I am a technical consultant to keep the websites and the forums running for workpermit.com.

However, as I spend a LOT of time on these websites, I do offer what knowledge I have when I'm reading through these topics for other reasons. It is not official advice, and more knowledgeable members have corrected me a few times.


That said,

A U.S. Greencard is a permanent residency visa.

It is not a free meal ticket to show up in the U.S. and start claiming social benefits. The government wants assurance that you can support yourself (a job contract) or that there is someone who will otherwise formally take the responsibility to ensure your living expenses are covered.

As an American, I can tell you that $10,000 is about $3,000 short of the official poverty line in the U.S. for an individual.

Meaning, if you have a job that pays $13,000 per year, you are considered to be officially in poverty. So, logically, if you have less than that amount, I imagine the government will not consider it to be enough.

In fact, they will probably want to see "quite a bit more."

How much more, I honestly don't know.

For comparison, I lived in a smaller city with a fairly low cost of living. $20,000 a year for an individual without a family is a very low amount of money. In a larger city like New York or Philadelphia, it would be below the poverty line in fact, if not by definition.


Having a "sponsorship" also means that you have a place to live and that you have medical insurance.

So, a job or family, or enough money to show that you can 'self-sponsor' would all seem to be possibilities.


I'm sorry I can't answer the questions exactly. This is what the USCIS website is for - which I fully admit is not very user friendly, especially to a foreigner - and it is also the reason why there is a business community of immigration firms and consultants.

It is also why we maintain this forum: we hope that other people can share their experiences and advice.

The exact laws and conditions that must be complied with are quite complex.

One thing that I note is that this DV-2007 Greencard means that there has been over a year to investigate the conditions required to comply with it. I have a lot of sympathy for your friend, but setting a two-week deadline for someone else to solve the problem ... is not exactly planning.

Your friend should have access to the exact requirements that must be met. Posting what they are regarding what sponsorship is could go a long way toward giving people here information they need to try and help.

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Post by Administrator » Sun Jul 29, 2007 1:32 pm

.

There may be some help here :

United States Permanent Resident Card
http://en.wikipedia.org/wiki/United_Sta ... ident_Card

Diversity Immigrant Visa
http://en.wikipedia.org/wiki/Diversity_Immigrant_Visa

There are a lot of links and keywords that can be searched from google.

I don't see any reference to sponsorship requirements on tye main page.

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Post by Marco 72 » Sun Jul 29, 2007 1:35 pm

Some lottery winners are asked to provide either an affidavit of support or a job offer in the US. I understand it's up to the consular official to make such a request.

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Post by SYH » Sun Jul 29, 2007 1:59 pm

Also wikipedia is the mother of all data and you can look up personal income, poverty levels for the usa and the articles provide links to the dept of commerce and their data.
So if you take a practical approach and figure out what is the mimum wage and figure out what is the annual salary based on minimum wage, you have a guideline as to salary.
There are other approaches like how the administrator has pointed out.
If you have a job offer, you can line up what you have based on your educational background to what the us govt might expect you to get from your job offer to see if it has merit.
You have to be creative to come up with ways to meet what the us govt might be looking for.
Or you can come up with finanical plan of your expenses based on your savings and line it up to the cost of living to the location you plan to live and state here are my savings, here is my estimate of living expenses so I have 6 months to find a job before I have to consider returning home and do say you would return home because they don't want moochers

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Post by Administrator » Sun Jul 29, 2007 2:09 pm

.

This is old information from 1998, but it seems still valid today:

http://www.wop98.com/english/documents.html
• Evidence of Support - You must demonstrate that neither you nor your accompanying family members will become a public charge in the U.S. If you do not have a job offer upon entrance to the U.S., this can be shown with 1 or more of the following:

• statement from a senior bank officer showing a present balance in your account, date account was opened, number and amount of deposits and withdrawals during the past year, and the average balance during the year;

• verification of ownership of stocks and bonds, with present market value or expected earnings indicated;

• proof of ownership of property or real estate, in the form of a title, deed or the equivalent, and a letter from a banker or other knowledgeable official showing its present value; letter from insurance company showing the cash surrender of policies held. If you have a job offer upon entrance, then you should submit a notarized letter on the employer's letterhead stationery:

1. containing a definite offer of employment and stating when the job will be available;

2. describing the requirements of the job, and stating rate of compensation and any other benefits;

3. stating where and what type of job it is (e.g., seasonal, temporary, or indefinite).

Documents in a foreign language must be translated by a sworn translator.

Form I-134, Affidavit of Support
http://www.usimmigrationsupport.org/form_i134.html

US Immigration Forms
http://www.usimmigrationsupport.org/sub ... _forms.php


Go to google and use this search string :

green card affidavit of support Form I-134

You will find dozens of helpful links. I will not reproduce them here because there are a lot and there are liability issues since many are in direct competition with workpermit.com. I cannot recommend any of them as being more or less accurate than you need.

It will require quite a bit of reading.

However, my previous comments stand. And, it seems that whatever the current poverty level is, a demonstration of income or financial resources that is 125% of that level is going to be required, somehow.

Meaning, at $13,000 per year (just about exactly the current for an individual as a national average today), $16,250 is the utter minimum that would be considered. To be safe, you should be considering $17,000 or more, and if you are looking at a city like New York, Chicago or Los Angeles, I would think that $25,000 is not enough. Maybe $30,000 is not enough. They are a VERY expensive places to live.


This is an important set of information, although the exact form required by your friend is different (see the highlighted section).

immigration.about. com/ library/blaffsupp.htm

[ EXCERPTS ]
AFFIDAVIT OF SUPPORT, Form I-864
Under Section 213A of the Immigration and Nationality Act

WHO SPONSORS AND IS SPONSORED?

1. What are affidavits of support and sponsors?

Every immigrant admitted to the United States must demonstrate to a Consular or Immigration Officer that he or she is not inadmissible on public charge grounds. One way to help demonstrate that an immigrant is not inadmissible is to have a person in the United States, a sponsor, sign an affidavit of support promising to provide support and assistance to the immigrant if necessary. Immigrants who have someone sign an affidavit of support for them are called sponsored immigrants.

2. Which immigrants must have sponsors?

All family-based immigrants, including immediate relatives, family preference immigrants, and orphans, will be required to have new legally enforceable affidavits of support (Form I-864) if they file adjustment of status or immigrant visa applications on or after December 19, 1997. In addition, employment-based immigrants who are coming to work for relatives or for companies where relatives of the immigrant own 5 percent or more of the company must have sponsors.

3. How have immigrants' sponsors' responsibilities changed under the new law?

Affidavits of support (Form I-864) filed on or after December 19, 1997, are legally enforceable. Sponsors who fail to support the immigrants they sponsor can be sued by any Federal, State, or local agency or private entity that provides means-tested benefits, as well as by the immigrants they sponsored. Most sponsors must now demonstrate income of at least 125 percent of the Federal poverty level.

4. Who can be a sponsor?

The family member who filed the visa petition for the immigrant must be a sponsor. In certain circumstances, additional persons can accept joint legal responsibility with the petitioner as joint sponsors. Sponsors must also be U.S. citizens, nationals, or lawful permanent residents; age 18 or over; and live in one of the 50 States, Washington, DC, or a US territory or possession.

5. What is a joint sponsor?

A joint sponsor is a person who is not the petitioner for the sponsored immigrant but who meets the citizenship, residence, and age requirements and who meets the 125 percent minimum income requirement for his or her household size. Joint sponsors are permitted when the petitioner cannot meet the income requirements or has died before all family members have immigrated. Joint sponsors must accept joint legal responsibility for supporting sponsored immigrant(s) and reimbursing the cost of any means-tested public benefit used until the sponsored immigrants naturalize, can be credited with 40 qualifying quarters of work, depart the United States permanently, or die.

6. Is there a limit on the number of joint sponsors?

There is no limit on the number of joint sponsors; however, each joint sponsor must meet the 125 percent of the poverty line income requirement for their household size. Joint sponsors are not permitted if the petitioner meets the income requirements unless an Immigration or Consular Officer requests one.

7. What is the definition of "relative" for employment based sponsors?

Relative includes the spouse, adult son or daughter, child, parent, or sibling of the person filing the I-140 (employment) petition or who has a relative with 5 percent or more ownership interest in the petitioning company.

8. Can a sponsored immigrant sponsor other immigrants?

Immigrants who are currently the beneficiaries of sponsorship obligations may be sponsors. They must meet the income requirements on their own or obtain a joint sponsor in the same manner that other petitioner-sponsors qualify. This situation would most likely occur when permanent residents petition for their spouses or unmarried sons and daughters under the second preference, since most other petitioners would be U.S. citizens.



11. Is an affidavit of support required for diversity immigrants (visa lottery applicants) or any other groups of immigrants?

The new affidavit of support (Form I-864) may only be used for family-based and certain employment based immigrants. For other types of immigrants, such as diversity immigrants or lawful permanent residents returning after long absences from the United States where there are concerns about inadmissibility on public charge grounds, the earlier affidavit of support, Form I-134, may be used.



13. When does a sponsor's obligation to support sponsored aliens end?

The sponsorship obligation continues until the sponsored alien naturalizes, has worked or can be credited with 40 quarters of work, leaves the United States permanently, or dies. However, a sponsor or the sponsor's estate remains liable for any support or requests for repayment of benefits that arose before the support obligation ended.


INCOME REQUIREMENTS

1. What does the requirement that the sponsor demonstrate the ability to maintain an income at 125 percent of the poverty level mean?

Sponsors will be judged on their ability to support the immigrants they are sponsoring at 125 percent of the poverty level for their household size based on the information they provide in the affidavit of support and accompanying documentation. This information must demonstrate that the sponsor and his or her household can reasonably be expected to maintain an income at or above the level required to provide for themselves and all immigrants they have sponsored or are sponsoring.

2. Are sponsors required to have incomes above a certain level?

Sponsors must have household incomes equal to at least 125 percent of the poverty level for their current household size, including themselves their families and dependents, any immigrants previously sponsored on the new affidavit of support, and the immigrants currently being sponsored. Petitioners who are on active duty in the U.S. Armed Forces, other than active duty for training, only need to demonstrate income at 100 percent of the poverty level if they are sponsoring their spouse or children.

3. Does the petitioner have to file an affidavit of support if he or she cannot meet the income requirements and there is a joint sponsor?

Yes. The law requires that the petitioner must be a sponsor and file an affidavit of support, even if he or she cannot meet the income requirements. The petitioner remains fully liable, along with the joint sponsor, for any benefits the sponsored immigrant(s) may use. The joint sponsor must file a separate affidavit of support.

4. Who determines the poverty level?

The poverty level is recalculated and published annually for the Office of Management and Budget by the Department of Health and Human Services (HHS.) The poverty level is increased by a set dollar amount based on the number of persons in the household. The poverty level guidelines are the same for the continental 48 States; separate levels are established for Hawaii and Alaska.
There is a LOT more on that page. And, it's formatted to make it quite difficult to read, but I am very much not comfortable reproducing more of it in this forum since it becomes a serious liability for copyright infringement.

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