This is only possible, however, if the would-be immigrant's income will continue from the same source after he or she gets the green card. Take particular note of the third requirement above if both the sponsor and the would-be immigrant are presently living overseas. The consulate will require that the sponsor show either that this is a temporary absence and that the sponsor has maintained ties to the U.
Some of the ways the sponsor can show having maintained ties to the U. Sponsors who try to run away from their obligations will face fines. The U. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.
In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Family Sponsor's Obligations The Form I Affidavit of Support is a legally enforceable contract, meaning that either the government or the sponsored immigrant can take the sponsor to court if the sponsor fails to provide adequate support to the immigrant.
Who Can Serve as an Immigrant's Financial Sponsor The person petitioning the immigrant and any additional financial sponsor s must meet three requirements to serve in this role. Each sponsor must be: a U. Talk to a Lawyer Need a lawyer?
Start here. Practice Area Please select First and foremost, you can only sponsor someone who is a direct family member by blood or marriage, or someone with a particular skill set who you intend to hire as an employee.
A potential sponsor must file the affidavit of support regardless of whether the applicant is documented or not. If a green card applicant is undocumented, steps in this process can become a lot more complicated for both parties. In most cases, the green card applicant you are sponsoring may have to leave the country before they can have their application processed. Fortunately, there are some methods to also avoid removal from the United States.
During the Trump administration, the U. President Biden has issued an executive order that directs the secretary of State, the attorney general, the secretary of Homeland Security, and the heads of other relevant agencies, as appropriate, to review all agency actions related to public charge.
It depends on which type of affidavit the sponsor signed. There are two major types of affidavits. It is a binding contract by the sponsor for support of the immigrant and potentially for repayment of certain benefits received by the immigrant.
Many categories of immigrants are not required to have a sponsor file an affidavit of support on their behalf, including: [3]. The household includes:. Sponsors who do not earn enough money can show that their assets such as a house, car, or bank account are worth 5 times the difference between percent of the federal poverty level and their income or 3 times this difference, if a U.
Sponsors who cannot meet these requirements may find a joint sponsor, who also must sign an affidavit of support promising to support the immigrant. Immigrants who have been in the U. Additional benefits are available in some states. States can choose to provide Medicaid and CHIP to lawfully residing children and pregnant women regardless of their date of entry into the U.
In some states, immigrants can get state-funded medical, food, or cash assistance. For more details on the immigrant eligibility rules, see www.
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