My Immgrant visa was refused under the section INA 212(4)a public charge inadmissiblity [merged threads]

[vidash23 4]

😎Hey guys. 
I sent in new documents to embassy where I was interview. 
And they send me a new email stating I am still ineligible for a visa. 
Can someone please explain this to me. 
Do I need a new joint sponsor. 
Or is there something else with our documents.

Basically can you guys explain this to me? Please 

 

Attach below is an email they send me.

Edited February 20, 2020 by TBoneTX

[SusieQQQ 11,584]

Edit to take your name out the letter.

 

sounds like there is still not enough income even with the new sponsor. They might meet the minimum but sounds like the embassy needs more.

 Remind us your own age and working experience? Sometimes that matters.

i’m not sure if the health paragraph is standard or not, does someone in your family have a chronic health condition?

Edited February 5, 2020 by SusieQQQ

[vidash23 4]

2 minutes ago, SusieQQQ said:

Edit to take your name out the letter.

 

sounds like there is still not enough income even with the new sponsor. They might meet the minimum but sounds like the embassy needs more.

 Remind us your own age and working experience? Sometimes that matters.

i’m not sure if the health paragraph is standard or not, does someone in your family have a chronic health condition?

Age was 45.

Work experience with a new Security job 2 years 

 

All my medical results was okay. No problem there's. I never heard of this medical problem too and its concerning me the doctor told us everything is okay 

 

Well I'm getting a new joint sponsor he's making around 150k a year. 

Age 55 

Work experience: engineering 25 years 

Will that be okay. 

[SusieQQQ 11,584]

Sorry if I’m misunderstanding- you are 45 and have only worked for 2 years? Or do you just mean in your current job? Your work history does matter, if you are 45 and not shown stable employment it can be a problem.

 

This is F3 visa, which by nature is almost never just for one person, who are the other beneficiaries of the visa? Do any of them have a health issue?

 

 

[SusieQQQ 11,584]

This is a class B condition. You’d know if anyone had one I presume. Class B does not make you inadmissible but does raise public charge concerns.

 

https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-2
 

Class B conditions are defined as physical or mental health conditions, diseases, or disability serious in degree or permanent in nature. This may be a medical condition that, although not rendering an applicant inadmissible, represents a departure from normal health or well-being that may be significant enough to:

• Interfere with the applicant’s ability to care for himself or herself, to attend school, or to work; or

• Require extensive medical treatment or institutionalization in the future.

[vidash23 4]

17 minutes ago, SusieQQQ said:

Sorry if I’m misunderstanding- you are 45 and have only worked for 2 years? Or do you just mean in your current job? Your work history does matter, if you are 45 and not shown stable employment it can be a problem.

 

This is F3 visa, which by nature is almost never just for one person, who are the other beneficiaries of the visa? Do any of them have a health issue?

 

 

I'm not 45. The joint sponsor is 45. And his current job he work on 2 years there. He worked for a total of 19 years .

 

F3 there is three of us. 

Father who us 59 years of age

Mother 49

Son 20

 

None of us have any serious medical issues. 

 

Can this stop us from having a visa?

[vidash23 4]

16 minutes ago, SusieQQQ said:

This is a class B condition. You’d know if anyone had one I presume. Class B does not make you inadmissible but does raise public charge concerns.

 

https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-2
 

Class B conditions are defined as physical or mental health conditions, diseases, or disability serious in degree or permanent in nature. This may be a medical condition that, although not rendering an applicant inadmissible, represents a departure from normal health or well-being that may be significant enough to:

• Interfere with the applicant’s ability to care for himself or herself, to attend school, or to work; or

• Require extensive medical treatment or institutionalization in the future.

They said. I can provide insurance and other documents to prove the alien wont be a public charge ?

What does this mean.

Ps. In currently living in guyana. 

And we have have medical insurance. 

Alot of real estate. 

And assets at the bank. 

Can I use this to convince them.

[Boiler 43,434]

Class A and Class B Medical Conditions

Class B medical conditions are not inadmissible medical conditions and include any applicant who is determined to have a physical or mental abnormality, disease, or disability serious in degree or nature amounting to a substantial departure from well-being.

[vidash23 4]

So what can I do to over come this?

Do I need a new joint sponsor that's making more. Like around 150k a year hes making a year 

Edited February 5, 2020 by vidash23

[SusieQQQ 11,584]

34 minutes ago, vidash23 said:

They said. I can provide insurance and other documents to prove the alien wont be a public charge ?

What does this mean.

Ps. In currently living in guyana. 

And we have have medical insurance. 

Alot of real estate. 

And assets at the bank. 

Can I use this to convince them.

Your current medical insurance is useless for living in the US. They will want to see you have looked at US health insurance. Non employer sponsored, family of 3 for a decent health plan probably somewhere around or over $2k a month is a reasonable estimate. Will be a lot less via an employer.

 

if you have a significant US dollar value of real estate that you are willing and able to sell to take the proceeds with you, plus your cash at the bank, it may help. Read the part of the i864 about using assets of the intending immigrant as a guide.

 

That said - it seems to me there is a piece of the puzzle missing, as income alone clearly is not the problem, you keep getting rejected despite sponsors (that I assume have made sufficient). So let me ask again, making it clear that I am talking about THE IMMIGRANTS and not the sponsor: what is the qualifications and working history of your parents? Presumably something reasonable with all those assets? You are 20, are you in university? Working? 

Edited February 5, 2020 by SusieQQQ

[SalishSea 16,770]

OP, what is the relationship of the sponsors to your family?

[vidash23 4]

15 minutes ago, SusieQQQ said:

Your current medical insurance is useless for living in the US. They will want to see you have looked at US health insurance. Non employer sponsored, family of 3 for a decent health plan probably somewhere around or over $2k a month is a reasonable estimate. Will be a lot less via an employer.

 

if you have a significant US dollar value of real estate that you are willing and able to sell to take the proceeds with you, plus your cash at the bank, it may help. Read the part of the i864 about using assets of the intending immigrant as a guide.

 

That said - it seems to me there is a piece of the puzzle missing, as income alone clearly is not the problem, you keep getting rejected despite sponsors (that I assume have made sufficient). So let me ask again, making it clear that I am talking about THE IMMIGRANTS and not the sponsor: what is the qualifications and working history of your parents? Presumably something reasonable with all those assets? You are 20, are you in university? Working? 

My father. His works for 28 years. He own his own tyre repair business. My mother does not work. 

Yes. I attend the university of Guyana.. and currently working at the republic bank of guyana .

 

To what your saying my father do have alot of assets in Guyana as in real estate and cash at the bank which he is willing to sell

Edited February 5, 2020 by vidash23

[vidash23 4]

12 minutes ago, Jorgedig said:

OP, what is the relationship of the sponsors to your family?

The primary sponsor is filing for his son who is a married .

The second joint sponsor is his brother 

[SusieQQQ 11,584]

As I said before I think we are missing a factor somewhere but anyway here is the section on assets 

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

 

Part 7. Use of Assets to Supplement Income (Optional)
Only complete Part 7. if you need to use the value of assets to meet the income requirements. If your Current Annual Household Income (indicated in Part 6., Item Number 15.) is equal to or more than needed to meet the income requirement as shown by the current Federal Poverty Guidelines (Form I-864P) for your household size (indicated in Part 5., Item Number 8.), you do not need to complete Part 7. If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant’s assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrants. The value of assets of all of these persons may be combined in order to meet the necessary requirement.
Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value.
You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.
Item Numbers 1. - 4. Assets. To use your own assets, you must complete Part 7., Item Numbers 1. - 4. and submit corresponding evidence with this affidavit. Supporting evidence must be attached to establish location, ownership, date of acquisition, and value of any real estate holding.
Item Numbers 5.a. - 5.b. Household Member’s Assets. To use the assets of a relative (spouse, adult son or daughter, parent, or sibling), the relative must reside with you and have completed Form I-864A with accompanying evidence of assets. Form I-864A and accompanying evidence of assets is submitted with Form I-864. You may use the assets of more than one relative who resides with you so long as you submit a complete Form I-864A with evidence of assets for each such relative.
 Form I-864 Instructions 03/06/18 Page 9 of 17

  Item Numbers 6. - 9. Assets of the Intending Immigrant. You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant must provide evidence of such assets with this affidavit. Add together Item Numbers 6. - 8. and type or print the total number in Item Number 9. Form I-864A is not required to document the intending immigrant’s assets.
Item Number 10. Total Value of Assets. In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current Federal Poverty Guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or child age 18 years of age or older, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is a foreign national orphan who will be adopted in the United States after he or she acquires legal permanent residence, and who will, as a result, acquire citizenship under section 320 of the INA, the total value of your assets need only equal the difference.
Example of How to Use Assets: If you are petitioning for a parent and the poverty line for your household size is $22,062 and your current income is $18,062, the difference between your current income and the poverty line is $4,000. In order for assets to help you qualify, the combination of your assets, plus the assets of any household member who is signing Form I-864A, plus any available assets of the sponsored immigrant, would have to equal five times this difference (5 x $4,000). In this case, you would meet the income requirements if the net value of the assets equaled at least $20,000.

[vidash23 4]

3 minutes ago, SusieQQQ said:

As I said before I think we are missing a factor somewhere but anyway here is the section on assets 

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

 

Part 7. Use of Assets to Supplement Income (Optional)
Only complete Part 7. if you need to use the value of assets to meet the income requirements. If your Current Annual Household Income (indicated in Part 6., Item Number 15.) is equal to or more than needed to meet the income requirement as shown by the current Federal Poverty Guidelines (Form I-864P) for your household size (indicated in Part 5., Item Number 8.), you do not need to complete Part 7. If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant’s assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrants. The value of assets of all of these persons may be combined in order to meet the necessary requirement.
Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value.
You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.
Item Numbers 1. - 4. Assets. To use your own assets, you must complete Part 7., Item Numbers 1. - 4. and submit corresponding evidence with this affidavit. Supporting evidence must be attached to establish location, ownership, date of acquisition, and value of any real estate holding.
Item Numbers 5.a. - 5.b. Household Member’s Assets. To use the assets of a relative (spouse, adult son or daughter, parent, or sibling), the relative must reside with you and have completed Form I-864A with accompanying evidence of assets. Form I-864A and accompanying evidence of assets is submitted with Form I-864. You may use the assets of more than one relative who resides with you so long as you submit a complete Form I-864A with evidence of assets for each such relative.
 Form I-864 Instructions 03/06/18 Page 9 of 17

  Item Numbers 6. - 9. Assets of the Intending Immigrant. You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant must provide evidence of such assets with this affidavit. Add together Item Numbers 6. - 8. and type or print the total number in Item Number 9. Form I-864A is not required to document the intending immigrant’s assets.
Item Number 10. Total Value of Assets. In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current Federal Poverty Guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or child age 18 years of age or older, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is a foreign national orphan who will be adopted in the United States after he or she acquires legal permanent residence, and who will, as a result, acquire citizenship under section 320 of the INA, the total value of your assets need only equal the difference.
Example of How to Use Assets: If you are petitioning for a parent and the poverty line for your household size is $22,062 and your current income is $18,062, the difference between your current income and the poverty line is $4,000. In order for assets to help you qualify, the combination of your assets, plus the assets of any household member who is signing Form I-864A, plus any available assets of the sponsored immigrant, would have to equal five times this difference (5 x $4,000). In this case, you would meet the income requirements if the net value of the assets equaled at least $20,000.

This helps. But which assets do I need to use the applicant assets or the joint sponsors.

 

Because I can provide a new joint sponsor who is making around 150k a year. Which will more than meet the poverty guidelines.

 

What do you think of this.