Immigration as a family member of an American citizen is an exciting and complex process. However, finding an eligible sponsor who meets all financial and legal requirements is one of the most challenging elements. Understanding sponsor requirements for family immigration and working with an immigration lawyer is, therefore, essential.
Sponsor Requirements for Family Immigration
Sponsors must meet specific qualifications to sponsor a family member for a green card:
- Must be a U.S. citizen or lawful permanent resident
- Must be at least 18 years old
- Must reside in the United States
- Must be capable of supporting the immigrant family member
The financial support requirement ensures that the person being sponsored won’t become a public charge or dependent on government assistance. This financial statement is outlined in the Affidavit of Support (Form I-864).
File an Affidavit of Support
Formally known as Form I-864, the Affidavit of Support states that the sponsor agrees to financially support the intending immigrant until they become a U.S. citizen. It can also outline the same arrangement until the intending immigrant works 40 quarters (about 10 years) in the country.
To qualify, the sponsor’s income has to be at least 125% of the Federal Poverty Guidelines for their household size. This guideline includes the sponsor, dependents, and any other immigrants they’ve previously sponsored. For example, if the poverty guideline for a household of four is $32,150, the sponsor must earn around $40,150 to be eligible.
The Affidavit of Support must also include the following documents:
- Previous tax returns (1-3 years)
- W-2s or 1099s
- Recent pay stubs
- Employment verification letter
- Proof of assets
- Profit-loss statements for self-employed sponsors
- Business bank statements
An immigration lawyer can help with document accuracy and completeness to ensure compliance with USCIS standards. Contact Lamb & Turner for more information or to schedule a consultation.
Meet Minimum Sponsorship Requirements
There are a few possible solutions if a sponsor doesn’t qualify after submitting a complete and accurate Affidavit of Support. One option is joint sponsorship, where a second person agrees to sponsor the immigrant. If income is insufficient, assets like real estate, savings, stocks, and other household contributions may be considered. However, these assets must equal five times the shortfall to qualify.
Because sponsorship creates a legally enforceable contract, any agency that provides public benefits can sue the sponsor to recover the funds. Understanding the legal weight of signing an Affidavit of Support is crucial, so discuss the details with an experienced immigration lawyer.
Next Steps
Immigration law is anything but simple, even if the forms and requirements seem straightforward. An immigration lawyer can help evaluate your financial situation to ensure you qualify and identify red flags before they cause a denial. A skilled lawyer can also help gather and organize documents, advise on joint sponsorship, and keep track of your case to avoid delays.
Omissions or inaccuracies can trigger a Request for Evidence (RFE), which may increase the wait time or complicate your case. Avoid mistakes in the sponsorship process with a knowledgeable legal partner. Consult an immigration lawyer today.
Final Thoughts
Ready to reunite your family? Sponsor requirements for family immigration may be straightforward, but the process is complex. Let an experienced immigration lawyer review your case and help you move forward. Schedule a confidential consultation to determine your next steps.
