Financial Obligations for Sponsors in Family-Based Immigration Cases

 Posted on December 22, 2021 in Immigration

There are many situations where people living in the United States may want to sponsor their loved ones for family-based immigration. A U.S. citizen or lawful permanent resident with a valid Green Card may provide sponsorship for multiple different family members, including a spouse, children, parents, or siblings. However, when doing so, a person will need to meet certain requirements, including making a commitment to provide financial support for those who will be coming to the U.S. By understanding their obligations when sponsoring one or more family members for immigration, a person can avoid potential issues and ensure that they and their loved ones will be able to maintain financial success in the United States.

Filing an Affidavit of Support

When a person sponsors a family member for immigration, they will submit an application for the appropriate type of immigrant visa. Along with the visa application, the sponsor will usually be required to submit an Affidavit of Support (Form I-864). This affidavit functions as a legally enforceable contract stating that they have the necessary financial resources to provide for the immigrant’s needs and that they accept responsibility for supporting their family member once they enter the United States.

To sponsor a family member for immigration, a person must be at least 18 years old, they must be a U.S. citizen or lawful permanent resident, and they must maintain a primary residence in the United States. A person must also meet certain income requirements. In general, a sponsor’s household income must be at least 125 percent of the poverty level in the United States for their household size, which includes the sponsor, their dependents, any other family members living in their home, and the immigrant or immigrants being sponsored.

If necessary, another person may also agree to provide financial assistance by becoming a joint sponsor. This person will be included on the Affidavit of Support, and they will also accept the legal responsibility of supporting the immigrant or immigrants who will be entering the United States. A joint sponsor does not have to be related to a person who is being sponsored for immigration, but they will need to meet the income requirements based on the size of their household.

An Affidavit of Support will require a sponsor to provide financial support until an immigrant attains U.S. citizenship or until they have 10 years of work experience in the United States. If an immigrant receives public benefits through programs such as Temporary Assistance for Needy Families (TANF), the Supplemental Nutrition Assistance Program (SNAP), Medicaid, or Supplemental Security Income (SSI) through Social Security, the sponsor will be required to reimburse the applicable government agencies for the costs of these benefits.

Contact Our Itasca Family Immigration Attorneys

If you are planning to sponsor a family member for immigration, you will need to make sure you understand your responsibilities and financial obligations. At Unzueta Law Group, P.C., we can provide legal help throughout the immigration process, and we will advise you on how you can address any issues that may affect you and your family. Contact our DuPage County family-based visa lawyers today at 630-509-2363 to learn more about how we can help.

Sources:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support

https://www.uscis.gov/sites/default/files/document/guides/F3en.pdf