Overview
There are a number of procedures and formalities applicable to a person (called the sponsor) who would like to sponsor a relative to immigrate to the United States. Fist and foremost, the sponsor accepts the legal responsibility for financially supporting the migrating family member. The sponsor’s duty carries on until the immigrant becomes a U.S. citizen or when the immigrant can be credited with 40 quarters of work which usually amounts to 10 years.
Sponsor Requisites
A sponsor must be a U.S. citizen or a lawful permanent resident and should be atleast 18 years in age. The sponsor must have a domicile in the United States or a territory or possession of the United States. If in case the sponsor is living abroad, he/she can attain eligibility by showing that the residence abroad is temporary, and that the sponsor still have domicile in the United States. In exceptional situations the Immigration and Nationality Act authorizes a “joint sponsor” and a “substitute sponsor”.
The sponsor should also meet certain income requirements. The sponsor should be able to show that his/her income is equal or above 125 percent of the U.S. poverty level for the household size. The household size includes: the sponsor, dependents, relatives living with the sponsor, and the immigrants being sponsored. There are some exceptions to this rule for active members of the US Armed Forces.
Who can be sponsored
The sponsor, who brings an immediate relative, should complete and submit an affidavit of support, USCIS Form I-864. Immediate relatives, for the purpose of immigration sponsorship are graded on the bases of preferences: First - unmarried sons and daughters of U.S. citizens, who have reached the age of 21 years or above; Second - Spouses of lawful permanent residents and the unmarried sons and daughters (regardless of age) of lawful permanent residents and their unmarried children; Third - married sons and daughters of U.S. citizens, their spouses and their unmarried minor children; Fourth - brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children.
Exception
The Affidavit of Support can be done away with if the intended immigrant is able to show either:
- the intending immigrant has already worked
- can be credited with, 40 qualifying quarters as defined in title II of the Social Security Act
- that the intending immigrant is the child of a citizen and that the intending immigrant, if admitted for permanent residence on or after February 27, 2001, would automatically acquire citizenship under § 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000
Filing the Affidavit of Support
The sponsor should complete the Affidavit of Support at the time one’s relative is listed for the immigration visa interview at the consular office abroad or when the relative is about to submit an application for adjustment to permanent resident status with the USCIS or with an Immigration Court in the United States. If there is a joint sponsor, the joint sponsor must also complete USCIS Form I-864 at this time. And if the sponsor is using the income of other household members to qualify, then each household member who is accepting legal responsibility for supporting the relative must complete a separate USCIS Form I-864A, (Contract between Sponsor and Household Member).
When filing the Affidavit of Support the sponsor should provide an employment proof and a photocopy or an Internal Revenue Service-issued transcript of one’s complete Federal income tax return for the recent tax year. An explanation should be provided by the sponsor if he/she was not required to file a tax return. Any delay or failure in providing the details required, will result in delaying or even denying the relative’s application for visa or permanent residence.
Once the Affidavit of Support is completed with the required details, the next step is to notarize the same in the United States or before a U.S. consular or immigration officer. After notarizing the Affidavit of Support, it should be handed over to the relative to be submitted with the application, along with the required attachments (employment proof, tax returns details) or may file the affidavit of support directly with the National Visa Center, if required.
© Attorneys Online™, Inc. | Law Firm Newsletter Provided by Attorneys Online™, Inc.
