The following article will cover:
- Obligations of a sponsor for Green Card petition.
- Relatives eligible for permanent residency sponsorship by a US citizen.
- The process for obtaining permanent residency in the US.
What Are My Obligations As A Sponsor?
As a sponsor, your primary obligation is to provide an Affidavit of Support for the beneficiary’s Green Card Petition. This requirement applies to all individuals immigrating based on a relative petition. The purpose of the Affidavit of Support is to assure USCIS that your spouse or another responsible party can financially support the beneficiary throughout the immigration process, reducing the likelihood of them relying on U.S. government financial assistance programs.
To fulfill this obligation, the financial sponsor must:
- Provide documentation confirming an annual income equal to or above 125% of the Federal HHS Poverty Guidelines.
- Add the income of certain household members if needed, provided they agree to submit an Affidavit of Support Contract.
- Seek additional sponsorship from a U.S. citizen or Legal Permanent Resident if unable to meet financial qualifications.
The Affidavit of Support remains valid and enforceable against the sponsor until certain conditions are met by the sponsored individual.
What Relatives May I Sponsor For Permanent Residency if I Am A US Citizen?
As a U.S. citizen, you can sponsor the following relatives for permanent residency:
- Children (unmarried and under 21)
- Sons and daughters (married and/or 21 or over)
- Parents (if you are 21 or over)
- Siblings (if you are 21 or over)
- Fiancé(e) residing outside the United States and their children under 21
- Children of your spouse (unmarried and under 21)
My Child Was Born In The United States And Is A US Citizen. Can He Or She Petition For My Wife And I To Get A Green Card?
Yes, if your child has reached the age of 21, they can petition for both you and your wife to obtain permanent residency.
How Do I Begin The Green Card Process For My Spouse, Who Is Currently Outside Of The United States?
To start the Green Card process for a spouse living abroad, you must file Form I-130, Petition for Alien Relative. Upon approval, the National Visa Center (NVC) will guide you through the next steps, which include collecting fees, applications, documents, and scheduling a visa interview at a U.S. Embassy/Consulate General.
What Type Of Visa Should I Get If I Want To Become A Permanent US Resident?
There are various visas for obtaining U.S. permanent residency, depending on your eligibility through family- or employment-based sponsorship.
For employment-based preferences, there are three categories:
1- First preference (EB-1) – priority workers, including:
- Aliens with extraordinary ability in the sciences, arts, education, business, or athletics.
- Outstanding professors and researchers.
- Certain multinational managers and executives.
2- Second preference (EB-2) – aliens with advanced degrees or exceptional ability (including national interest waivers).
3- Third preference (EB-3) – skilled workers, professionals, or other workers.
For family-based categories, there are four preference immigrant categories determined by your relationship to the petitioner. The base petition filing is Form I-140 for employment-based categories and Form I-130 for family-based categories.
For more information on Obligations Of A Sponsor Towards An Immigrant, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (201) 500-8164 today.