Q: My daughter came to the U.S. with me illegally and she is now 10 years old. We satisfy all the requirements of 245(i) and we are now ready to adjust our status. Must she pay the $1000 penalty?
A: No. This fee does not apply to a child under the age of 17.

Q: In the same situation above, should I pay the $1,000 penalty?
A: Yes.

Q: My husband who is a permanent resident filed an immigration petition for me a couple of years ago and the petition was approved. After approval, I got a B visa and I'm now in the U.S. May I adjust my status here in the U.S. when visa numbers are available?
A: You may adjust your status, but if you did not disclose the immigrant petition, the USCIS might not grant it. B visas are only for temporary stays in the U.S. The USCIS might conclude that you fraudulently obtained that B visa due to your preconceived intent to remain in the U.S. when you applied for the visa. For more information about immigrant/non-immigrant intent, click here.

Q: I got a DWI ticket several years ago and I did not do anything to dismiss it. Will that prevent me from getting the Green Card now?
A: This will depend on whether or not you were actually convicted of the crime. A conviction for the DWI may bar you from adjustment.

Q: If my income is not sufficient to satisfy the requirement when I file I-485 adjustment of status based on an approved I-140, may I have somebody else promise to support me?
A: Yes.

Q: I have sufficient income to support myself. If I file the I-485 adjustment of status application based on an approved I-130, do I still need the relative who filed the I-130 for me to sign an affidavit of support (I-864)?
A: Yes. The person who filed the immigrant petition must sign an affidavit of support. However, if his income is insufficient, you may also get a co-sponsor to sign as well.