Navigating Family-Based Immigration: Sponsorship and Affidavits of Support

How Does Sponsorship Work With Family-Based Immigration?

Many paths to green cards or visas exist for those wanting to enter the United States. One such path is known as family immigration.

Family immigration may be an option for individuals with qualifying relatives who are citizens of or already living legally in the United States. The family immigration process involves numerous steps and, in some cases, formal financial sponsorship.

What Is Family-Based Immigration?

Family-based immigration occurs when a permanent resident or citizen of the United States petitions for a visa on behalf of their family member. This process is only an option for some, as you must have a qualifying relationship.

Who Is Eligible for Family-Based Immigration?

There are two categories eligible for the family-based immigration process. The first is immediate relatives of U.S. citizens and includes spouses, parents, and unmarried children under 21.

The second category is called family preference and includes:

• Some relatives of U.S. citizens that aren’t included in the immediate relative category, including:
  • Unmarried children age 21 or older
  • Siblings
  • Married children
• Some relatives of permanent residents, including:
  • Spouses
  • Unmarried children of any age

The number of family preference visas approved each year is limited, while there isn’t a set limit on the number of immediate family visas that might be approved.

What Is an Affidavit of Support?

An affidavit of support is a legal document someone signs that indicates they agree to be financially responsible for the family member they are sponsoring in the immigration process. The affidavit acts as a contract and is enforceable. In some cases, for example, the person you sponsor might be able to sue you if you don’t follow through with your obligations as a financial sponsor.

Why Is an Affidavit of Support Required?

In approving visas, the U.S. government attempts to mitigate unnecessary burdens on taxpayers and domestic society. Outside of specific aid-based or emergency immigration processes, the U.S. government wants to ensure that anyone coming into the country has a means of supporting themselves. This is also helpful for those immigrating to the United States, as it can reduce stress and challenges related to the transition.

However, not all individuals who immigrate to the country have an immediate option for work or financial support. The affidavit of support allows a family member to demonstrate that they have the willingness and capability to provide for their loved one’s needs until the situation changes.

Income Requirements for the Affidavit of Support

To complete the affidavit of support and be approved as the financial sponsor for an immigrating family member, you must meet minimum income requirements. The essential requirement is that your household’s current income is 125% or more above the U.S. poverty level.

Joint Sponsors and Substitute Sponsors

Generally, the affidavit of support must come from the person petitioning for the visa on behalf of their family member. However, suppose you want to ensure a stable financial support system for the person or are worried about being the only person financially responsible for this arrangement. In that case, you can file as a joint sponsor.

In cases with joint sponsors, only the first sponsor must meet the relation requirements for the visa. The joint sponsor doesn’t have to be related to the individual. However, both sponsors must meet the minimum income requirements; you can’t combine incomes to meet the threshold.

Family immigration is not typically a fast process. You may wait months or years for a visa to be approved. It’s possible the family member sponsoring the visa may pass away before the visa is approved. In some cases, the U.S. Citizenship and Immigration Services might still decide to allow the visa petition to continue. However, if a financial sponsor is required, an eligible substitute sponsor must sign an affidavit of support.

How Long Is an Affidavit of Support in Effect?

The affidavit is in effect until:

• The death of either person (assuming there is not a joint sponsor)
• The person becomes a U.S. citizen
• The person moves permanently out of the United States
• The person has worked in the United States for 40 quarters

Why Work With Experienced Immigration Attorneys?

Immigration processes, including family-based immigration, are complex. They require you to complete paperwork accurately and provide documentation and details that will be reviewed in-depth. A small mistake on an affidavit or any other document can create obstacles in the immigration process, delaying your petition or causing it to be denied.

Experienced immigration attorneys can help you avoid these types of issues. They work with you to understand your immigration needs and provide you with guidance about what options might be best to pursue in your case. Your legal team will help you complete all necessary documents, ensuring they are as accurate as possible and filed promptly. Throughout the process, immigration lawyers support you as you field questions, are asked to provide additional information, or deal with denials and appeals.

If you want to find out more about family immigration and whether it is an option for you or your loved one, reach out to the team at Gilliam Law today. We can help you understand the available legal paths to entry into the United States and work with you to support those goals. Call Gilliam Law at 866-511-3422.