VA Benefits and the common I-864 RFE

This is a very common question in the current administration expressed by service members and veteran's alike that need immigration assistance in starting the legal process of making a Spouse, Parent, or Child legal in the US. The question our office hears on a weekly basis: Is Military Parole in Place still available in 2025? Are MPIP I-131 filings being approved in 2025? Does USCIS still accept Parole-in-Place filings in 2025? The question can be asked a few different ways. The answer is the same: Yes. Military PIP is still available for spouses, parents, children, and step-children of service members (both active and reserve) and veterans who served honorably. There is heightened scrutiny with most immigration filings in 2025, meaning background checks may take longer, discrepancies in past immigration filings and public records are being discovered by USCIS, and USCIS is more critical on past criminal records. However, it is still available! Our law Firm's experience and costs for Military PIP can be found here: https://www.fickeymartinezlaw.com/practice-areas/military-parole-in-place More Parole In Place (PIP) Blog Posts: Our Law Firm has written numerous blog posts to aid in the Immigration Process. Our Blogs relating to the Military Parole in Place Process have received substantial attention across the nation as many Service Members and their Families consider pursuing this Immigration Process. Some of our popular blog posts are listed below: Parole in Place: Immigration Option For An Illegal Spouse, Child, Or Parent Of A Military Member Military Parole in Place: Eligibility Affidavit Preparing for the Parole In Place PIP Interview Can you be approved for PIP, but denied a Green Card? Permanent Bar for Two or More Illegal Entries – INA 212(a)(9)(C)(i) Military Deferred Action: A Parole in Place (PIP) Alternative Can a Military PIP Recipient receive a Social Security Card? DEERS Office and the need for Apostille / Legalized Foreign Documents

This article will cover the common question our office receives: Can I file Military PIP along with an I-130 Petition? In short: Generally, yes! Military PIP can be filed simultaneously with an I-130 Petition, if the following are true: If filing Military PIP for a parent, the child/service member/veteran is 21 years of age or OLDER, AND a US Citizen. If the service member is currently in the process of naturalizing, then MUST wait to become a US Citizen before starting the I-130 Petition. If filing Military PIP for a child, the parent/service member/veteran needs to show proof of being a legal or biological parent. For fathers, a DA test is extremely helpful, if related by blood. If a step-parent/step-child relationship is present, 100% of the focus is on the marriage, dates of the marriage, and status of the other parent/spouse. If filing Military PIP for a spouse, any and all PAST MARRIAGES must be legally ended, and proof readily available BEFORE you marry and before you start an I-130 Petition. Similar Topic: can you file the I-485 AOS along with the I-130 Petition and Military PIP? 100% No. We have seen countless denials of individuals being advised to do such a filing arrangement, but the end result is almost always: denial of the I-485. A denied I-485 normally leads to deportation court. Why can you file the I-130 with the Military PIP, but not with the I-485? The I-130 does NOT require a legal entry or parole PRIOR to starting the filing. The I-485 requires a legal entry or parole PRIOR to filing as a matter of eligibility. Anyone who entered the US Illegally, is normally required to pursue Consular Processing/the DS-260 Immigration process, versus the I-485 Adjustment of Status process within the US. The Name of the I-485: Adjustment of Status , means you MUST have a status to "adjust from." If you have no status, you are not eligible. Military PIP creates a temporary status and lawful entry, from which an immigrant can adjust from. What if I have further questions? You can contact our Immigration Law Firm to speak with our staff or to set up a consultation with our immigration attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

The J1 Waiver Process can be somewhat confusing. This article will summarize the process, and mention a few items that may cause issues. First, the J1 Waiver Process can be broken into 3 main parts: DS-3035, a waiver request filing with the Department of State Waiver Review Division No Objection Statement (NOS) Request from the foreign government I-612 Processing from USCIS Second, the MOST important part of the waiver is the "Foreign Government's involvement" Why? If the foreign government OBJECTS, the waiver will 100% fail. What does the Government of Lebanon Require? Mailing 1 packet/request to the Lebanon Embassy in the DC, address is as follows: Embassy of Lebanon, Attention: NOL Department, 2560 28th St. NW, Washington, DC 20008. The Packet MUST contain: $125 money order payable to the: Embassy of Lebanon. 2 addressed stamped envelopes: One envelope is a return envelope to the requestor or their attorney One envelope is for a physical copy of the No Objection Statement to be mailed to the DOS: Waiver Review Division, US Department of State, CA/VO/DO/W, SA-17, 11th Floor ,Washington, DC 20522-1711 [Note: in 2024, the DOS mainly recieves the NOS by email from the foreign embassy. The email is an instant transfer, whereas the mailed notice used to take weeks or months to process at the DOS] A Cover Letter for the Embassy to include: Reason for the request Contact information Exact date of arrival on the J-1 Visa and the port of entry Residential Address History in the United States Statement from you explaining whether your education or J Program in the United States is governmentally or privately financed Confirmation that relevant documentation and payment are enclosed DS-3035 Third-party Barcode Page (The Embassy of Lebanon would be the 3rd party in the DS-3035 Process) Either: A copy of the J1 degree from Lebanese institution (Most Common), OR A letter from the institution from which J1 graduated in Lebanon stating that the J1 are under no financial obligation to that institution A notarized statement (Signed before a US Notary) from the J1 Visa Holder stating that the J1 are under no financial obligation to any private or public institution in Lebanon. Copy of the Lebanese passport biographic page Copy of any US Visa, especially any and all J1 Visas Copy of the I-94 and travel history from the CBP Website Third, the DS-3035 must be correctly completed The DS-3035 must be completed correctly, as it directly affects the determination of eligibility and whether the overall request can even be approved. The biggest pitfall is either writing an inconsistent statement of reason or writing too much of a statement that the underlying purpose for the waiver is lost. A deeper dive into the reason statement can be seen here: https://www.fickeymartinezlaw.com/j1-waiver-ds-3035-statement-of-reason-template-and-explanation The next biggest pitfall is NOT including EVERY DS-2019. More info found here: https://www.fickeymartinezlaw.com/j1-ds-3035-topic-of-missing-a-ds-2019-for-the-waiver-filing Fourth, the I-612 process with USCIS Once all of the DOS processing and Lebanon processing is completed, the file is packaged up and submitted to USCIS for final process. This process is called the I-612 waiver process. It is free, happens automatically, and normally processes in 1-4 months. USCIS will provide a Receipt Notice, and more importantly, an Approval Notice (assuming Lebanon and DOS did not object and provided a "favorable recommendation," respectively). Conclusion: If you have questions or need assistance with the J1 Waiver Process, please schedule a consultation with our immigration attorney. Visit our J1 Waiver Page for more relevant blogs regarding the J1 Waiver Process: https://www.fickeymartinezlaw.com/practice-areas/j1-visa-waiver Here are 2 Lebanon Items that are frequently overlooked: Lebanese Birth Certificate: https://www.fickeymartinezlaw.com/lebanese-birth-certificate-wathikat-welada-and-us-immigration Credentialing Foreign Education: https://www.fickeymartinezlaw.com/employment-immigration/credential-evaluation-reports-for-immigration-purposes Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

This article will explain the J-1 NOS Process for Honduras, as well as explain the alternative waiver process is you are deemed ineligible to receive an NOS Waiver. First, who needs a J1 Waiver? Merely applying for the NOS Waiver from Honduras is not enough to be approved of the J1 Waiver. Similarly, merely completing the DS-3035 is not enough. The DOS Waiver Review Division will require the J1 Visa Holder to show a clear need for the waiver, or else the DS-3035 will be denied. So, what clearly NEEDS a J1 Waiver. Well, that is what is to occur AFTER the J1 Waiver is approved. The J Visa Restricts all of the following: Immigration to the US (acquire Lawful Permanent Residence or Green Card) either through the I-485 Adjustment of Status process or the DS-260 Consular Process K-1 Fiance Visa H Employment Visa L Employment Visa It is these restrictions that NEED a waiver, and the J1 must prove a clear path to one of the above immigration options. More information can be seen here: https://www.fickeymartinezlaw.com/j1-waiver-ds-3035-statement-of-reason-template-and-explanation Second, are you a J1 that even requires a Waiver? There are unrestricted and restricted J1 Professionals. The Restricted Professionals are generally: J1 Teacher/Professor/Instructor J1 Specialist J1 Researcher J1 Physician J1 Intern/Trainee J1 Summer Camp Counselor J1 University Student (Undergraduate, Graduate, and Professional/Doctoral) How can you determine if you are a restricted type of J1? Merely review the Special Skills List. A little about the 2024 update to the schedule skill list can be seen here: https://www.fickeymartinezlaw.com/j1-special-skills-list-major-dos-update-december-9-2024 Third, are you unsure if the waiver is still needed? A DOS Waiver Review Division Advisory Opinion can provide a DOS determination if a waiver is even required, and the basis that the waiver is required. A brief explanation can be seen here: https://www.fickeymartinezlaw.com/immigration/when-should-a-j1-j2-perform-a-dos-advisory-opinion Please note: MOST J1 are subject due to the special skill list. Some are subject due to (1) government funding or (2) medical residency. These two subjections have very very few waiver options, and may be barred from a waiver availability. Fourth, Brief Overview of the NOS Process: The NOS Waiver process is broken into 2 packets and 3 phases . PHASE 1: Initiating Packet 1: The DOS DS-3035 Waiver Recommendation Application is an electronic filing that auto-generates the forms, statement of reason, and list of DOS required documents. This packet goes to the DOS for processing. Packet 2: The Honduran J1 NOS Waiver Application is filed with the Honduran Embassy at: 1220 19th St. NW, Suite 320, Washington, DC, 20036. The Embassy required documents will be discussed below. Phase 2: Processing Packet 2 might be called packet 2 in the explanation, but it is the first that MUST BE PROCESSED. Honduras must not object, Honduras must create the No Objection Statement, and Honduras must send that statement to the DOS to merge into Packet 1. Once Packet 1 receives the No Objection Statement, that is when the DOS begins processing the DS-3035. Phase 3: Finalizing/Recording in the Government System If DOS issues a Favorable Recommendation, the file is then submitted to USCIS, USCIS issues an I-612 Receipt Notice, and then USCIS issues an I-612 Approval Notice. An I-612 Approval Notice is the full completion of the J1 Waiver Process. Fifth, what documents are required by the Honduran Embassy: This list is fairly templated, but it does assist the Embassy in processing the request: Proof of payment of $30.00 via Money Order payable to the Consulate of Honduras for processing the Letter of No Objection from the Government of Honduras. A Signed Letter by the J1 stating: Name and contact information Statement of how the J-1 visa was obtained Amount of time elapsed since entering the United States under J-1 status Admission that, by accepting a J-1 visa, the applicant agreed to return to Honduras for a period of no less than two years. Explanation of the reasons for not wishing to return to Honduras. [Comparison: this is similar to the above first point regarding what "needs" the J1 Waiver] Original letter from the institution that sponsored the J-1 visa, stating that it has no objection to the applicant returning to Honduras. Either: Affidavit from the applicant stating that the letter requested in the previous section is signed by the sponsor of their J-1 Visa, or Affidavit stating that the institution does not issue this type of letter. The Affidavit MUST either be completed before the Honduran Consulate upon payment of $50.00 by Money Order; or Affidavit from the applicant MUST be authenticated by Notary Public and Apostilled in accordance to the Hague Convention. Copy of ALL "DS-2019: Certificate of Eligibility for Exchange Visitor (J-1) Status" document. Copy of the "DS-3035: J-1 Visa Waiver Recommendation Application" document. DOS Third Party Barcode Page. Copy of All issued Honduran passports and ALL J-1 visa(s) and J-2 visa(s). A duly authenticated copy of the Cooperation Agreement between the petitioner and an institution of the Government of Honduras or a Non-Governmental Organization (NGO) operating in Honduras, which must include at least the following: Statement of purpose. Document proving the legal representation of the signatory. (Certificate issued by the Directorate of Registration, Regulation, and Monitoring of Civil Associations (DIRRSAC). Document proving the legal status of the institution or NGO. (Certificate issued by the Directorate of Registration, Regulation, and Monitoring of Civil Associations (DIRRSAC). Description of the cooperation to be carried out. Duration of the cooperation (no less than two years). Exact work to be performed by the petitioner. Number of weekly hours the petitioner will work. If you are interested in learning more about our law firm J1 Services, we welcome you to visit our website. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

The I-864 is a Sponsorship Form from USCIS that is used in nearly all Family-based Immigration. This Blog Post will address how SSI and SSDI is assessed in this process. SSI (Supplemental Security Income) provides financial assistance to older adults and persons with disabilities (regardless of age) with very limited income and resources. SSI is […] The post I-864 Sponsorship: How is SSI and SSDI Assessed? appeared first on Fickey Martinez Law Firm.

The I-864 Form (Affidavit of Support) allows the US Government to assess someone’s financial capability to support a sponsored person, whether they are a spouse, parent, child, sibling, and even friend. The I-864 primarily assesses two areas of someone’s financials: Annual Income, derived from Paystubs / Pay Checks Adjusted Gross Income taken from the most […] The post I-864 Asset Calculations appeared first on Fickey Martinez Law Firm.

This article will cover our office's opinions on the numerous Mobile Immigration Case Tracking Apps, as well as the inaccuracies that arise: Lawfully USCISCaseTracker US Immigration Case Tracker MigraConnect For starters, it is commendable to stay "current" on any immigration filing. Everyone should know what the current status of an immigration filing is. However, the source of information is important. The Federal Government is not "up-to-date" on the Mobile App scene, but most immigration agencies do offer "online case statuses" as well as "processing time estimators." For USCIS, the MYCASE Online Account ( https://myaccount.uscis.gov/sign-in ) should be the primary source of case information. For NVC, the CEAC Online Account ( https://ceac.state.gov/IV/Login.aspx ) should be the primary source of document-uploading, correspondence. For Consular Processing, the specific Embassy or Consulate should be utilized: https://ais.usvisa-info.com/ https://www.ustraveldocs.com/ The third-party mobiles apps are great at providing the "current online status," that information is readily available online at the following agencies: USCIS: https://egov.uscis.gov/ NVC Pre-Documentarily Qualified Status: https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html NVC Post-Documentarily Qualified Status: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/iv-wait-times.html Embassy/Consulate: https://ceac.state.gov/ceacstattracker/status.aspx Where the mobile apps start to have inaccuracies and mis-information is with regard to the following: Estimated case processing time tends to be 100% inaccurate 3rd-party apps fail to show official USCIS or NVC correspondence, which could delay a filing or lead to a denial Confuse an immigrant beneficiary as to the current phase of the immigration process. When is a Mobile App a good thing? It is a helpful tool for an immigrant that is abroad. It allows the immigrant to receive updates. However, most use the app during the USCIS processing of the I-130, and it is more beneficial to just sign up for a USCIS account and elect for Email updates: https://egov.uscis.gov/ (Only the USCIS Receipt Number is required and anyone or multiple people can sign up for such notification services). Why is the Mobile App inaccurate with the USCIS processing time estimate? The App is inaccurate as the estimator requires the category type and location of processing. If you place the incorrect information, the mobile app would be off. Additionally, USCIS provides a "rough estimate" that occurs for 80% of the cases. USCIS may move quicker or slower depending on the specific case history, USCIS Officer assignment, and the Country of Origin. So, if a mobile app ways an estimated processing time is: 5 months, that should be taken with a grain of salt. USCIS is generally slow with Consular Processing, and a little quicker with Adjustment of Status. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

The ADIT Stamp is a temporary proof of the I-551 Green Card that is an acceptable form of a lawful permanent resident card that can be used for: Domestic and international travel DMV SSA Employment purposes Need of a government-issued ID The ADIT Stamp can be placed in 1 of 3 locations: As a sticker on the back side of a fairly current/recently-expired I-551 Green Card As a Stamp in an unexpired foreign passport AS a Stamp on an I-94 card The ADIT Stamp may be a byproduct of the following Immigration forms: I-90 for a Green Card renewal or replacement after loss/theft I-751 for Removal of Conditions N-400 for Naturalization The document can be a "stamp" and a close look of the stamp is as follows:

This article will cover the Old Versions of the Green Cards and how they encounter issues with the DMV when attempting to renew a Driver's License as well as with SSA when attempting to acquire Medicaid, SSD, or SSI. The I-151 Green Card: The former Immigration and Naturalization Service (INS) issued Form I-151 (Alien Registration Receipt Card), commonly called a “green card,” to aliens from: July 1946 to 1978. The I-151 Green Card never had an expiration date printed on the card, which has led many to believe their documentation was up-to-date. Even in 2025, I-151 Green Card holders never knew their Green Card had actually expired by law on March 20, 1996 . I-151 card holders experience issues with the DMV, especially after the Real ID Requirements of May 2025, due to the INS records not being easily accessible in current government system, as the INS agency ended in 2003 and was replaced by the agency: USCIS. Additionally, due to I-151 Card Holder's ages, they have either been receiving SSI and Medicaid for many years, or will be starting very soon. For example, if an I-151 Green Card holder received their I-151 Card in 1970 at the age of 10, they would be turning 65 in 2025. According to SSA: Form I-151 is not a valid immigration document. The card lacks security features and presents more opportunities for alteration and fraud than the immigration documents currently being issued. From 1992 through 1996, the former Immigration and Naturalization Service conducted a “Green Card Replacement” project to replace the I-151 cards in circulation. Although the card is not a valid immigration document, the person may still retain lawful permanent status. (Source: https://secure.ssa.gov/poms.nsf/lnx/0200303400) I-151 Card Holders are recommended, depending on their given situation, to either apply for an I-90 Green Card renewal or apply for US Citizenship with the N-400. The I-551 Green Card that didn't expire: The I-551 Green Card is the "current version" of the Lawful Permanent Resident Card. However, there is a lot of confusion on whether the cards with “no expiration date” are still valid. Some government agencies may refer to this un-expiring I-551 as the: ORIGINAL I-551 Whereas, the expiring I-551 may be reviewed to as the: REVISED I-551 The I-551 Green Cards issued between: 1977 and August 1989 have no expiration date, but ARE STILL a valid and acceptable Green Card. However, not every US Agency will acknowledge the old version of the I-551 Green Card since it lacks an expiration date, and a way for the agency to confirm current legal immigration status from when the card was issued in 1977 to 1989. For the DMV, the unexpiring I-551 Green Card may or may not be accepted. A lot has to deal with name changes over the years and whether the file is accessible in current government systems. For SSA, the old or original I-551 is generally accepted as identity is normally compared against a lifelong history of SSA Contributions in Prior Payroll and tax filings. Original I-551 Card Holders are recommended, depending on their given situation, to either apply for an I-90 Green Card renewal or apply for US Citizenship with the N-400 as to avoid issues that may arise in the next few decades (unknown how laws might change). What do I do if I need a new I-551 Green Card ASAP? By filing for either I-90 or N-400, USCIS may issue a "temporary I-551 proof" that can be in the form of the passport, a sticker on the card, or a stamp in an I-94 Card. This temporary proof is called an ADIT Stamp and can be acquired at a local USCIS Office in an INFOPASS Appointment. (More information can be seen here: https://www.fickeymartinezlaw.com/need-a-temporary-green-card-information-on-the-adit-stamp) The following is the SSA policy on ADIT Stamps: When the alien does not have a machine readable immigrant visa (see RM 10211.025C.2 ), DHS places a temporary I-551 stamp in the foreign passport as evidence of immigration status when the alien is admitted to the U.S. as an LAPR for the alien to use until the permanent I-551, Permanent Resident Card, is received. The stamp may be placed in the alien’s foreign passport or on a Form I-94, Arrival/Departure record, when the alien does not have a passport. When an alien previously admitted to the U.S. applies for a replacement I-551 or adjusts to LAPR status, DHS places a temporary I-551 stamp in the foreign passport. When the alien does not have a foreign passport, DHS places the temporary I-551 stamp, a photo of the alien, and DHS seal on Form I-94. Each stamp is uniquely numbered with a five-digit identifier which can be found below the “Valid Until” line. Also, the officer writes the “A” number on the stamp. See the ACM Alert No. 2006A-31 New DHS/USCIS ADIT Stamp under the “I-94” document number and “I-551” document number for more information on the design and fluorescent security features. (Source: https://secure.ssa.gov/poms.nsf/lnx/0200303440#b1)