How to be a sponsor of an immigrant family member in the US?

How to be a sponsor of an immigrant family member in the US?

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The procedure to live legally in the United States and, later, permanently, varies greatly depending on the conditions of the foreigners who aspire to it. Whatever the case, it can be summarized in two ways: request a Green Card individually (for which a series of requirements must be met) or have a work or family sponsor within the country that is in charge of doing so.

The sponsor figure is quite recognized in the field of immigration procedures and is the safest option for those who have relatives or trusted beings in the US. However, it is essential to remember that this entails a great responsibility, so much so that it even requires a document known as the Affidavit of Economic Sponsorship to record it.

That being said, the following article will focus on exposing the role of the sponsor of a family member who aspires to stay in the United States, the requirements to be one, and, of course, the aspects that this declaration must contain so that everything is by the law.

Sponsorship for permanent residence

As we indicated above, the laws that cover the entire immigration issue in the US provide several ways to apply for a Permanent Resident Card (also known as Green Card). Through a family member, through an employer, through a shelter or nursing home, as well as other exceptional circumstances.

In general, the interested party must present two forms: the immigrant application and the application for a Permanent Resident Card (Form I-485). Through a relative, the corresponding form is the I-130, titled Petition for Alien Relative.

Regarding this, the United States Citizenship and Immigration Service (USCIS) is the institution in charge of receiving this and almost all applications related to immigration issues.

It also establishes that the I-130 form must be signed and presented by a person who already has US citizenship or is a native of the country and intends to serve as a bridge so that their relative eventually becomes one. But, to do so, that person must also present an important document known as an Affidavit of Financial Support as part of their commitment to said project.

What is an Affidavit of Support?

It is a contract through which a person accepts and validates their financial responsibility with a family member who aspires to obtain a Green Card. The USCIS has made available a form known as the US Immigration Form I-864 for this procedure.

Through this, the person agrees to use their financial resources to support their immigrant relative until they become a US citizen or until they can be credited with 40 quarters of work (usually equivalent to 10 years).

In addition to the USCIS website, more information about said declaration can be found in sections 212(a) (4) and 213A of the Immigration and Nationality Act (INA) and in Title 8 of the Code of Federal Regulations (CFR) at 8 CFR213a.

What is a sponsor?

The person who signs the Affidavit of Financial Support is called the “financial sponsor” when the immigrant becomes a legal permanent resident of the United States. Similarly, the sponsor is usually the person who filed the US immigration petition on behalf of the potential immigrant.

Requirements to be a sponsor

The main requirement to sponsor an immigrant family member is to be over 18 years of age, to live in the US, and to have US citizenship or permanent residence. However, given the economic implications behind the alien’s aspiration, it is important also to be able to offer all financial support while the permanent residence is being processed.

So, to be a sponsor, you need financial solvency. The law establishes that you must demonstrate an income level of at least 125% above the federal poverty level for the immigrant’s family size. This reference includes the sponsored applicant, their dependents, relatives who live with them, and the immigrants they wish to sponsor.

There are exceptions for the active military who wish to sponsor a spouse or child for permanent residence. In these cases, the minimum income requirement drops to 100% above the federal poverty level.

It is worth noting that the value of the federal poverty level is updated from time to time, so you should consult it at the time of the request to confirm that this requirement is met. USCIS offers a guide on making these estimates on its website.

What if a person does not meet the income requirements to be a sponsor?

It is also possible that an aspiring financial sponsor does not meet the minimum income requirements at the time of petition. In these cases, the financial capacity could be calculated based on the assets they own; this includes property, stocks, bonds, checking accounts, savings accounts, etc.

On the other hand, if these requirements are not met, the income of other household members who will receive the immigrant family member can also be added. This is called a joint sponsor.

To do this, you would have to fill out and sign Form I-864A, Contract between the Sponsor and the Member of the Sponsored Family Group, through which they will agree that together they have the resources and will sponsor the relative who is applying for permanent residence.

If it is not possible this way, then the immigrant could resort to another person who does meet said requirements to be their sponsor. However, the latter will need to complete a separate Affidavit of Financial Support to become a co-sponsor. The properties must also be within the country in any of the cases described.

Purpose of the Affidavit of Economic Support

As explained before, the Affidavit of Economic Support is an important document for the immigrant and the family member who will receive it since it is a formality required by the USCIS.

But beyond this, the Affidavit of Economic Support functions as a kind of commitment or guarantee that the potential immigrant will not lack resources to stay in the US; that is, access to national public sector benefits such as food stamps, Medicaid insurance, Supplemental Security Income (SSI) as well as temporary assistance for needy families.

Also, it is necessary to take into consideration an important point. When the person who immigrates sponsored with the Affidavit of Economic Support finally obtains their permanent residence and, with it, also accesses said benefits, the issuing institution can request the sponsor to reimburse the money provided.

How to present an Affidavit of Economic Sponsorship?

At this point, we will explain the steps to present the Affidavit of Economic Support. The main thing is to confirm that the requirements are met and that the legal implications of such a procedure are understood.

Along with the form, the sponsor must provide their federal income tax return for the most recent taxable year unless there is reasonable cause to waive it. Also, they must provide proof of employment or source of income at the time of application.

Once this is done, the sponsor must complete Form I-864 and deliver it to their immigrant family member at the interview appointment. The institution will be the consular office abroad, the USCIS, in case of filing an application for adjustment of status or before an immigration court in the US. The applicant must submit this information packet and their permanent resident status application.

When is a Declaration of Economic Sponsorship not necessary?

Given the magnitude of the liability of financial sponsors, it is also important to indicate when it is not necessary to file an Affidavit of Support with USCIS.

Above, we indicated that the sponsor’s responsibility ends when the immigrant to a permanent residence can be credited with 40 qualified quarters of work in the US. This may also be a criterion for waiving the application for the US Immigration Form I-864.

A person who has already had a self-petition Form I-360 approved, entitled Petition for Amerasian, Widow(er), or Special Immigrant, does not need an Affidavit of Support. Neither is someone whose petition but as an abused spouse or child.

There are exceptional cases that do not warrant such a request. For example, if a US citizen adopted an orphan abroad, as long as the adoption process took place before the orphan was granted permanent residence in the US.

Limit of validity of the declaration of sponsorship

Indeed, assuming this responsibility is a great challenge, but it must be taken into account that it is a temporary situation that will culminate once said objective is achieved.

However, other conditions will imply the end of the function of a financial sponsor beyond obtaining permanent residence or accreditation of 40 quarters of work. Among them, the sponsored person leaves the US permanently, or the unfortunate case that they die before their Green Card is approved.

Processing time

A common question lies in the processing time of Form I-864. So far, the wait lasts from 11 to 20 months, but this interval may vary depending on each case and the institution’s workflow.

This makes it clear that planning is critical if those involved have time constraints. Although we have given all the priority details, one way to speed up the process is to have proper advice when creating the information packages. Our firm comprises experts in the area who can advise you from the first step to the signing of the form. Contact us for more details.