Who Is Eligible To Sponsor An Immigrant?

United States citizens and legal permanent residents can sponsor an immigrant. More specifically, United States citizens can petition for their spouses, children, parents and siblings. US residents can petition for their spouses and children.

What Does A Sponsor Need To Do To Start The Immigration Process?

In order to start the immigration process, the first thing that we need is a qualifying relationship. So, if someone is going to be petitioning for a spouse, then it’s necessary for them to be married first. I am often asked whether or not a person can sponsor someone before they get married. With the exception of the fiancé visa, the answer is no; there has to be a qualifying relationship.

We are going to have to file a petition with USCIS. If the person is in the United States and qualifies for adjustment of status, then we can submit the application for adjustment of status at the same time that we file the petition. One of the main documents that must go along with this petition is an affidavit of support. For an affidavit of support, the sponsor has to show that he or she meets the poverty guidelines so that the relative will not become a public charge for the United States. If the sponsor doesn’t meet the poverty guidelines, then they can get a co-sponsor. The co-sponsor would sign and agree to support the person in the event that the main sponsor becomes unable to do so.

What Documents Are Typically Required For A Family-Based Immigration Petition?

The documents that are required for a family-based immigration petition depend on the type of petition that is being filed. There usually has to be documentation that shows that the person has legal immigration status in the United States. That documentation may be in the form of a nationalization certificate, American birth certificate or green card.

There also has to be documentation that proves the qualifying relationship. For example, if someone is petitioning for a spouse, then they would have to show the marriage certificate. If someone is petitioning for a sibling, then they would have to show their birth certificate in order to prove that they have the same parents. If someone is petitioning for a child, then they would have to submit the child’s birth certificate in order to prove that they are that child’s parent.

Additionally, they are going to have to provide taxes to show that they meet the poverty guidelines. If the person is doing adjustment of his status, then we will have to prove that they entered the United States legally. If someone has ever been arrested, we would have to provide all arrest records or final court dispositions. The person who will be immigrating to the US will also be required to undergo a medical examination so that we can ensure that they do not have any diseases which would deem them ineligible to enter the US.

What Is The Fiancé Visa And Who Would Qualify For That?

A fiancé visa is a special visa for persons who are not yet in the US and do not have a non-immigrant visa, but intend to get married to a United States citizen. Through this visa, we ask the government to allow the person to enter the United States in order to get married to their fiancé.

For these types of visas, one of the main requirements is that the two people have seen each other at least once within the preceding two years. In addition, both spouses must be legally able to get married. For example, any pending divorces must be finalized and the parties must be of legal age to get married in the jurisdiction where they plan to get married.

If a person is approved for this visa, then they are allowed to enter the US and are given 90 days to get married. Once they are married, they have to file for adjustment of status. If they don’t get married, then the immigrant would have to return to their country.

For more information on Sponsoring An Immigrant In The US, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 306-6921 today.

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