What do I need to do to Sponsor an Immigrant?

How to Sponsor an Immigrant

To sponsor an immigrant, you need to follow these steps:

Step 1: File a petition

• If you are sponsoring a family member through the USCIS and the adjustment of status process, file Form I-130, Petition for Alien Relative with the United States Citizenship and Immigration Services (USCIS).The immigrant immediate family member may file to adjust status and receive a green card at the same time that the Alien Relative Petition is filed. The immigrant may also file for employment authorization also known as a work permit and a travel document.

• If you are sponsoring an employee, you will need to file Form I-140, Petition for Alien Worker.

• Sponsoring an immigrant requires documentation to show that the immigrant will be financially supported by the sponsor and a joint-sponsor also known as a co-sponsor. The purpose for the sponsor is to prevent the American tax payor from having to support an immigrant that the sponsor brought into the united States. Financial sponsorship is documented by the filing of an I-864 Affidavit of Support. The I-864 is a contract between the sponsor and the U.S. Government. The terms of the contract are that the government agrees to grant a visa to the immigrant in return for the sponsors agreement to support the immigrant at 125% of the federal poverty guideline that is established by the Social security Administration on an annual basis.

Step 2: Pay the necessary fees

• While your case is being processed by the USCIS for Adjustment of Status or National Visa Center (NVC) for consulate processing, you will need to pay filing and processing fees. When filing for adjustment of status through the USCIS the ffees are paid to the USCIS. When filing for consulate processing the fees are paid to the USCIS for the initial I-130 Petition, and the National Visa Center for the Immigrant Visa Application and I-864 Affidavit of Support.

Step 3: File an Affidavit of Support

• You must complete and submit Form I-864, Affidavit of Support to accept financial responsibility for the immigrant coming to the U.S. The I-864 Affidavit of Support is a Contract. You become a party to the contract. The U.S. Government is the other party to the contract. You are bound by the terms of the contract for an indefinite period of time. The immigrant who becomes a lawfule permanent resident or green card holder has standing to sue you for performance if you do not support the immigrant. The contract overides the terms any prenuptial agreement. However a prenuptial agreement will protect your assets and income from any responsibility to the immigrant above the support required pursuant to the I-864 Contract. If you have income and assets that exceed your responsibility under the I-864 Affidavit of Support you may want to consider a prenuptial agreement.

Step 4: Provide supporting documents

It is not enough to make oral or written statements. You must provide financial and civil documents that support your statements. Other supporting documents will be required depending on the category of the immigration petition and category of adjustment of status. For instance, if you are adjusting status through marriage, you must provide supporting documentation to indicate that the marriage is a genuine and valid marriage not entered into in order to get a green card.

• Step 5: Wait for the applicant interview

• Once all required documentation is submitted, NVC will review your case. Check NVC Timeframes page for updates.

• If approved, NVC will schedule a visa interview for the applicant.

• Mulder Law is an immigration attorney in Jacksonville, Florida. Mulder Law represents clients throughout the United States and foreign consulates. We have been successful in providing files to the USCIS and to the National Visa Center that are thorough and complete to the extent that the interview is waved. The immigrant receives the green card or immigrant visa in the mail or by courier service.

Step 6: Wait for approval or denial

• The consular officer will inform the applicant of their visa status after the interview.

• If approved, details on visa and passport pickup will be provided.

• If denied, reasons will be given along with potential next steps.

• Mulder Law provides sufficient supporting documentation and interview preperation to trigger an approval at the interview. There is no need to wait.

Requirements to Become a Sponsor To be eligible to sponsor an immigrant, you must:

• Be at least 18 years old

• Be a U.S. citizen or current green card holder

• Maintain residence in the U.S. or its territories

• Meet relevant income requirements

Visa sponsorship involves pledging long-term financial support for immigrants coming to the U.S., ensuring they do not rely on government programs. The sponsor remains financially responsible until the immigrant becomes a citizen, earns sufficient work credits, or leaves permanently.