IMMIGRATION QUESTIONS
Question: Hi Attorney Byrd. I have a question that I hope you can answer in your column. I always read your column, and am happy for the advice that you give. My sister-in-law sponsored my husband’s brother for an immigrant visa many years ago, and now the National Visa Center has requested an Affidavit of Support. My sister-in-law and her husband do not make enough money as her husband is currently unemployed and she works only part-time. She has asked me to be a joint sponsor. If I do it, what is my obligation? I want to help, but am concerned about my long-term obligations. Thank you Attorney Byrd. Noemi
Answer: Thank you for your question Noemi. Your concern is legitimate. If some one files an Affidavit of Support as a joint sponsor that joint sponsor is jointly obligated to repay the federal government, if asked, any federal means-tested benefit. A federal means-tested benefit is something similar to food stamps or welfare.
That obligation lasts until either the person who received the green card passes away, leaves the country permanently, can be credited with 20 qualifying quarters of social security or naturalizes. Most obligations end when the green card holder naturalizes.
Question: Hi Attorney Byrd. My brother was just taken into custody by ICE in Las Vegas last week. He had a domestic violence charge in 2006. He’s very anxious to get out of immigration jail, but I called the immigration court in Las Vegas, and the court doesn’t have a case for him yet. Is there anything that we can do to get him out sooner rather than later? My whole family is so upset, including my elderly and ill mother. Thank you Attorney Byrd. God Bless, Maria.
Answer: Hello Maria. I’m sorry to hear of the difficulties in your family. In regards to your brother’s custody, your immigration attorney can file a Motion to Set a Bond Hearing with the Las Vegas immigration court, even before the case is filed with the court. The immigration court clerk will call ICE in Las Vegas and confirm that your brother is in custody. The Court is a bit backlogged at present because they are short a judge, and it may be a few weeks before a hearing can be scheduled. You should obtain a competent immigration attorney to help your brother with the bond hearing and his deportation defense. He will need to show that he will appear for his future scheduled deportation hearings, and that he is not a danger to the community. Good luck to your brother.
IMMIGRATION LAW AND ADVOCACY UPDATE
Tell Governor Brown to Sign AB 131: California Dream Act that would help students in the Filipino Community
In July, Governor Brown approved AB 130, the first part of the California Dream Act, allowing AB 540 students to access private financial aid. AB 131 is far more significant for the 25,000 AB 540-eligible students who graduate from high school each year. These students would be eligible for (1) Board of Governors (BOG) fee waivers, (2) institutional student aid like a State University Grant or a UC Grant, and (3) Cal Grants, but Competitive Cal Grants would only be available if funding remains after all California resident students have received their awards.
AB 131 passed both state houses and on September 13 was presented to the Governor. Call Governor Brown at 916-445-2841 and tell him to sign AB 131. You do not need to speak to anyone, as the call is automated:
1. Select desired language English, press 1 and Spanish press 2)
2. Press 2 for casting a vote on legislation
3. Press 1 for voting on The CA Dream Act, AB 131
4. Lastly, press 1 to vote “IN SUPPORT” of AB 131
Attorney Beverly Byrd has exclusively practiced U.S. immigration law at Byrd & Associates for over ten years, helping thousands in the Filipino community. She obtained a law degree and then graduated with a Master’s in International Law from the prestigious Georgetown University Law Center in Washington, D.C. Georgetown Alumni include Philippine President Gloria Arroyo and President Bill Clinton.
Attorney Byrd is also active in the immigrant community, and has served on the American Immigration Lawyer’s Association’s Extended Board for the past several years as a liaison to the DHS San Francisco Asylum Office, DHS Customs and Border Protection, DHS Immigration and Customs Enforcement, and currently as the Continuing Legal Education liaison.
Attorney Byrd currently offers for a limited time a $25 consultation on the phone or in the office. Please contact her to schedule a consultation via e-mail at info@byrdassociates.com, or call toll free 877-987-9600. You can also see her website at www.byrdassociates.com for more information and to read her immigration blog, see her LinkedIn profile and follow her on Twitter.
San Jose Office
95 S. Market Street, Suite 300
San Jose, CA 95113
(Toll Free) 877-987-9600
San Francisco Office
One Embarcadero Center,
Suite 500
San Francisco, CA 94111
(Toll Free) 877-987-9600
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