What Are the Requirements for Sponsoring Family Members for Immigration?

 Posted on February 22, 2023 in Immigration

U.S. citizens and Green Card holders have the right to sponsor certain family members for immigration to the United States. This will allow a family to live together in a safe community and pursue the opportunities available to residents of the U.S., including earning income through employment and seeking an education. Family-based immigration involves a complex set of requirements that must be met in order for an immigrant to qualify for a visa and Green Card. By understanding the documents that must be filed and the information that will need to be submitted, a sponsoring family member can take the correct steps to bring their family members to live with them.

Eligibility Requirements

In order to be eligible to sponsor a family member for immigration, you must be either a U.S. citizen or a lawful permanent resident with a valid Green Card. You can only sponsor certain family members for immigration, and the types of visas that you can apply for will depend on your status and the specific relationships. If you are a U.S. citizen, you can sponsor your spouse, your children (as long as they are younger than 21 years old and are not married), and your parents for Immediate Relative visas, which are typically available with no quotas and no wait times. U.S. citizens can also sponsor unmarried adult children, married children, and siblings for Family Preference visas, although these visas have quotas and wait times, and they are issued according to an order of preference. If you are a Green Card holder, you can sponsor your spouse and unmarried minor children for Family Preference visas.

Documentation Requirements

As a sponsor, you will submit a visa application on behalf of the family member who is planning to immigrate to the United States, and you will need to prove that you have met all eligibility requirements. To do so, you must submit supporting documentation showing your status as a U.S. citizen or lawful permanent resident, which may include a copy of your birth certificate, passport, citizenship certificate, or Green Card. You must also submit evidence of your relationship with the immigrant, such as a marriage certificate, birth certificates for children, or sworn affidavits from third parties who can attest to the validity of the relationship.

You must also meet certain financial requirements in order to be approved as a sponsor. Specifically, you must prove that you can provide financial support for your sponsored family members while they are living in the United States. This means that you must provide evidence that you make an income sufficient enough to cover basic living expenses such as food, shelter, and clothing without relying on government assistance programs such as welfare or food stamps. Applicable evidence may include tax returns, pay stubs, and W-2 forms. You will submit an Affidavit of Support, which serves as a contract stating that you will be responsible for providing for the needs of the immigrant until the immigrant becomes a U.S. citizen or completes 40 quarters of work in the United States.

Contact Our Dallas Family Immigration Lawyer

Sponsoring family members for immigration is an important process that allows U.S. citizens and permanent residents to reunite with their loved ones who live abroad. It is essential for potential sponsors to understand the eligibility requirements that will apply to themselves and their family members, as well as the documentation they will need to provide during the immigration process. At Law Office of Jae Lee, our Plano immigration attorney can guide you through the process of sponsoring family members for visas and Green Cards. We will ensure that you submit the proper forms and documentation, and we will help you resolve any issues you may encounter during the immigration process. To schedule a free consultation and learn more about how we can help your family address legal immigration concerns, contact us at 214-295-3014.

Sources:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/affidavit-of-support.html

https://www.uscis.gov/i-130