Filing for AOS - family based, questions.

[enochyoo]

I appreciate any help that can be provided.

Here is some background information.
My aunt(US Citizen) is sponsoring my dad for his green card. My father is the beneficiary and myself, the dependent. We fall under 245i, and myself under 245i and the CSPA.

1. Does my father have to pay back taxes, if so, when to when? He started filing taxes in 2006 to today, so from 92-05, he hasn't paid taxes.

2. On the i-485 form (PART 2), are the children A or B?

3. On the i-485 form(PART 3 SECTION B), does my father list us as children, and check off yes "applying with you" ?

4. Do I apply separately for the i-485 from my father? (I am 21 right now and a dependent of my father[beneficiary])

5. Do I also have to pay the $1000 penalty fee(245i) although I am a dependent and not the beneficiary?

6. My aunt(US citizen sponsor for my father) does not work, so she does not file taxes, how is that handled in the I-864? (We have a sub-sponsor for I-864A since my aunt does not have an income)


Again, i appreciate any help that you can give me, thank you again.
-Enoch

P.S, Does anyone happen to know any excellent lawyers in the NYC area?

[daru786]

1. Dad don't have to pay any taxes.
3. yes.
4. You need to fill out a I-485 too.
5. Penalty applies for all the applicants.
6. You can have a co-sponsor. If your dad have 40+ credits points of work in USA, you don't need a sponsor or a co-sponsor for affidavit of support.

As far as lawyers are concerned, they are a dime a dozen. Do your google (home work), you will find someone really good. Go for the fees plus the quality also. If you are a desi, stay away from desi lawyers!

How do you know if your dad has enough point, if he ever worked in USA with a valid Social Security Number, 40 quarters, which equals to 10 years of employment in USA, his social security statement will show if he has 40 or more or 40 or less points.

My personal suggestion is to get help from an attorney as you simply don't want to screw up!

thanks