Obligations of Green Card Sponsorship
Acquiring Green Card sponsorship for long-term residency in the United States is an essential objective for many of foreign-born people and households. Green Card status is a substantial step towards attaining eventual U.S. citizenship.
In almost every scenario, the United States Citizenship and Immigration Service (USCIS) requests that immigrants looking for long-term residency have a sponsor.
USCIS permits Green Card sponsorship in the following classifications:
- Sponsoring a Relative: Green Card through household
- Sponsoring an Employee: Green Card through Employment
- Sponsoring a Special Immigrant: see eligibility explanations at the USCIS site
Green Card sponsorship, whether for a relative, company, or somebody who has agreed to take complete monetary responsibility requires you to complete an application process before becoming a genuine sponsor. That process can be complex, so seeking advice from a knowledgeable immigration attorney is suggested.
Who Can Be A Green Card Sponsor?
Being a Green Card sponsor brings important and enduring obligations. The most crucial is to ensure total monetary responsibility for the applicant until they either end up being a U.S. Citizen or have proof of work for 40 quarters, or 10 years.
A sponsor for any immigrant prospect for Green Card status needs to be at least 21-years of age and a United States citizen or a long-term resident. The sponsor needs to preserve a main residence in the United States or a U.S. territory.
In the process of requesting a Green Card for any candidate, the sponsor needs to confirm adequate earnings and net worth to support themselves and other members of the family in addition to the candidate.
What Is an Affidavit of Support?
The USCIS wishes to guarantee that every person who tries to live in the United States will have enough financial backing to never need support from the federal government. To this end, sponsors are needed to finish an Affidavit of Support or Form I-864.
The Affidavit of Support is a lawfully binding dedication by the sponsor to make sure the immigrant, in addition to the household of the sponsor, will be sufficiently supported.
Sponsors need to prove that their income levels are at least 25% above the existing Federal Poverty Guidelines. If the sponsor is on active service in the United States Military and wants to sponsor a Green Card candidate, the earnings should be at least equivalent to these federal standards.
The Affidavit of Support is lawfully binding for Green Card sponsorship up until the prospect ends up being a U.S. citizen or has actually worked for 40 quarters, normally 10 years.
Sponsoring A Relative for Permanent Residency
The course to Green Card sponsorship starts with finishing a Petition for Alien Relative or Form I-130. Top priority is provided to people who are immediate family members of U.S. citizens, such as partners, single kids under 21 consisting of orphans, and moms and dads. Extra classifications of members of the family, who might be qualified however at less priority levels, are:
- Adult children of U.S. citizens
- Spouses and unmarried children of Permanent Residents
- Married children of U.S. residents and unmarried children under age 18
- Siblings of U.S. citizens and families
Sponsoring A Foreign Employee
Typically, U.S. businesses need services and abilities that might best be sourced in foreign nations. A lot of these business at first sponsor these people for H-1B visas which have a three-year time frame that is renewable for up to 3 more. Nevertheless, the quota for H-1B visas is presently being lowered, and competition for these authorizations is stiffening.
However, companies might request long-term residency for foreign-born workers. The initial step is to finish a Form I-140, an Immigration Petition for an Alien Worker. The employer must additionally prove that hiring the foreign employee does not negatively impact market wages or impact the hiring prospects of U.S. citizen candidates.
Workers with remarkable abilities and training who are presently operating in the United States on a legal visa might make an application for Adjustment of Status to end up being a Green Card holder. The company will be asked to supply a letter of evidence of work.
Contact an Experienced Immigration Lawyer
Davis & Associates Immigration law practice works relentlessly to help individuals and assist families reunite through the Green Card application and sponsorship procedure. The requirements are not always simple to understand. Expert legal assistance can make the difference between success and failure.
Contact Davis & Associates for a free consultation to discuss your scenario, either as a sponsor or prospect for a Green Card.
About Davis & Associates:
Davis & Associates is the immigration law firm of choice in Miami, FL and surrounding areas. Their attorneys provide expert legal counsel for all aspects of immigration law, including deportation defense, writs of habeas corpus and mandamus, family-sponsored immigration, employment-sponsored immigration, investment immigration, employer compliance, temporary visas for work and college, permanent residence, naturalization, consular visa processing, waivers, and appeals. Attorney Garry L. Davis is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization.