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Immigration Issues/F1 Family sponsored visa and affidavit of support

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Question
Hi Ajay,

My brothers immigrant visa petition was just approved. He was petitioned by my father as an unmarried adult son. The approval letter didnt mention it, but I am assuming that his 3 children were approved as well as derivatives. They were included in the petition. The priority date is March 2011.

My father is retiring soon, and I am wondering if his lowered income will affect my brothers entry later during visa processing. My fathers income wont be enough to support my brother and 3 kids. Can my mother and my sisters file affidavits of support on his behalf? Combined we make over $150k annually.

Thank you so much for your time.

Tammy

Answer
Hi,

Your father is required to file an affidavit of support since he is the petitioner, but if his income is inadequate, any friend or relative who is either a U.S. citizen of LPR (lawful permanent resident) can co-sponsor the affidavit of support so that their income is added to your father's. There should be no problem in your brother and his children immigrating since there appears to be more than adequate income, even taking considerable family size (if applicable) into account.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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