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Immigration Law Blog

Friday, November 9, 2018

Sponsoring a Family Member for Immigration

The Immigration and Naturalization Act allows citizens and permanent residents of the United States to sponsor family members abroad for immigration to the U.S.  The relatives must be direct relatives, and their sponsors must commit to supporting them financially.

A petitioner may apply on behalf of a son, daughter, husband, wife, parent, brother or sister.  In many cases, these relatives may bring along dependents, such as a spouse or unmarried children under 21.

What Paperwork Is Required?

The sponsor begins by filing a Form I-130, Petition for Alien Relative, which contains basic information about the identity of the sponsor and the relative seeking to immigrate.  The sponsor must also complete a Form I-864, Affidavit of Support, agreeing to be financially responsible for the relative.  

The Affidavit of Support assures the U.S. government that the immigrant will not need public assistance, such as food stamps or Medicaid.  If the immigrant ends up receiving "means-tested public benefits," the financial sponsor may be required to reimburse the government.  This affidavit remains enforceable until the immigrant becomes a U.S. citizen or has done 40 quarters (10 years) of qualifying work.

Financial Requirements

A sponsor must have an income level at or above 125% of the federal poverty level, or 100% in the case of active duty members of the military bringing in a spouse or child.  The exact numbers, which can change, are listed in form I-864p, Poverty Guidelines.

Sponsors who do not meet this requirement can submit evidence of bank accounts, stocks and bonds, real estate, or other assets.  These assets must have a cash value equal to at least five times the difference between 125% of the poverty level and the sponsor's income, or three times if the relative is a spouse or adult son or daughter.  It can simply be equal to the difference if the relative is an orphan arriving for adoption.

Other Sponsors

Financial sponsors can count the income and assets of other household members related to them by birth, marriage, or adoption, if they are listed as dependents on the sponsor's tax return or have lived with the sponsor for the last 6 months.  The sponsor and household member must complete Form I-864A, Affidavit of Support Contract Between Sponsor and Household Member.

A sponsor can also have an unrelated "joint sponsor" willing to accept financial responsibility for the immigrant.  A joint sponsor must complete a separate Affidavit of Support and meet all of its requirements independently.

Sponsoring a family member for immigration is an important matter.  You should discuss your situation with a seasoned immigration attorney to ensure that the process is handled appropriately.


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