As we have previously discussed in American Residency Processing by Family Petition: The Complete Guide, the United States Law allows U.S. citizens and residents to petition for immediate relatives, which enables them to obtain permanent residency.
Having said that, a requirement commonly seen for this, and many other immigration processes, is the existence of a Sponsor in the United States at the time of initiating a visa application process. However, what is a Sponsor in the United States? What are the requirements for sponsoring an immigrant?
Today, at Jaskot Law, we will answer all of these questions, and look at how immigrant sponsorship works in the United States. If you have doubts about whether you can sponsor a loved one, we can help you. Contact us at +1 (410)-235-6868 or email us to [email protected].
What is a Sponsor in the United States?
Let’s start by explaining what exactly an immigrant sponsor or Sponsor in the United States is. A sponsor in an immigration case is, specifically, a person who agrees to provide financial support to an immigrant who intends to immigrate to the United States.
Having a sponsor is a requirement for certain immigration cases, such as family-based petitions, some work visas, and some assistance programs like SNAP (Supplemental Nutrition Assistance Program), or Medicaid.
However, keep in mind that, although in most immigration cases having a sponsor willing to support you financially is a requirement, there are certain immigration benefits for which such requirement does not apply, like the VAWA program, the U Visa, or the T Visa.
Types of Sponsors in the United States
Having seen what a Sponsor is in the United States is, it should be noted that there are two other types of sponsors in this country: the joint sponsor, and the substitute sponsor. We will then look at each of these types of sponsorship.
Joint Sponsor
A Joint Sponsor is a person who agrees to take on the legal obligation of financially supporting an immigrant along with the primary sponsor.
Unlike the primary sponsor, the joint sponsor is not required to be the immigrant’s relative. However, like the primary sponsor, the joint or co-sponsor must meet the minimum income requirements established by U.S. immigration law.
Substitute Sponsor
A Substitute Sponsor is a person who agrees to take on the legal obligation of financially supporting an immigrant when the original petitioner dies after approval of the visa petition.
In order to be a substitute sponsor, a person must be related to the intending immigrant in one of the following ways: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian of the beneficiary.
Apart from the family relationship, the substitute sponsor must also:
- Be a U.S. citizen, whether national or permanent resident.
- Be at least 18 years of age.
- Live in the United States.
- Meet all the financial requirements of a sponsor pursuant to Section 213A of the INA (Immigration and Nationality Act).
The substitute sponsor assumes all obligations and responsibilities of the original sponsor, including the responsibility to financially support the sponsored immigrant. This implies that the substitute sponsor must demonstrate that he or she has sufficient financial resources to support the immigrant, and meet the minimum income requirements established by the immigration law.
What are the requirements to sponsor an immigrant?
Up to now, we have explained what a U.S. sponsor is. However, what are the requirements to sponsor an immigrant? In order to become a Sponsor in the United States, you must meet certain requirements, and follow a specific process.
At first, there are four requirements for sponsoring an immigrant that you must meet, namely:
- Be over 18 years of age.
- Be a U.S. citizen, or permanent resident (depending on the type of visa, permanent residents may be excluded from certain cases).
- Have a U.S. address.
- Meet financial requirements: you must prove you have appropriate financial resources to support the immigrant, and avoid he or she becomes a burden to the government. This may include providing evidence of income, financial assets, and stable employment. To do so, you must also file Form I-864, Affidavit of Support under the Section 213A of the INA.
However, while anyone who meets these requirements can offer sponsorship to an immigrant, there are a few other factors to consider when determining whether you can sponsor an immigrant. These factors are:
- Identify the type of sponsorship: Depending on your circumstances, and the type of immigrant you wish to sponsor, you must determine whether you are qualified to be a family, labor, or other type of sponsor.
- File the petition or application: Depending on the type of sponsorship, you will need to complete, and file the appropriate petition or application with the U.S. immigration authorities. For example, if you wish to sponsor a family member, you will need to file an immigrant visa petition, or an application for adjustment of status.
- Provide documentation and evidence: During the sponsorship process, you will need to provide documents, and evidence to support your ability to be a sponsor. This may include tax returns, bank statements, letters of employment, among others.
- Comply with legal obligations: As a sponsor, you will have legal and financial responsibilities in relation to the immigrant you are sponsoring. This may include ensuring that the immigrant does not receive public benefits for a certain period of time, and complying with other obligations established by law.
It is worth noting that the process and requirements for an immigrant sponsorship may vary depending on the type of sponsorship, and the immigration laws in force at the time. Therefore, it is advisable that you consult with an immigration attorney who can analyze your case and give you detailed information on how to become a Sponsor in the United States.
Don’t worry, at Jaskot Law, we can assist you in sponsoring your loved ones, and help them start a new life in the United States. Contact one of our attorneys at +1 (410)-235-6868, or email us at [email protected].
What are the legal obligations of a Sponsor in the United States?
Now that we know what a Sponsor in the United States is, let’s look at the sponsor’s legal duties. At first, the obligations of a U.S. sponsor may vary depending on the type of sponsorship.
However, these are the basic obligations that any sponsor must fulfill:
- Economic Sponsorship Responsibility: By signing an Affidavit of Support, the sponsor agrees to take on the legal obligation to financially support the sponsored immigrant. Such obligation involves providing financial support to the immigrant until he or she becomes a U.S. citizen, or accumulates 40 quarters of credited work.
- Continuity of liability: The sponsor’s financial commitment should not be affected by events such as divorce. Even if divorce takes place, the sponsor is still responsible for financially supporting the sponsored immigrant.
- Public benefits reimbursement obligation: If the sponsored immigrant receives means-tested public benefits, the sponsor is responsible for reimbursing the cost of such benefits to the agency that provided them. This implies that the sponsor assumes financial responsibility for the benefits granted to the immigrant.
- Joint responsibility of sponsors and household members: All joint sponsors and family group members who allowed the sponsor to combine their with the household members’ income to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant. This implies that several persons may be called to answer for the debt generated in the event of default.
- Individual or joint liability of joint sponsors: All joint sponsors and family group members are liable for the entire reimbursement obligation. Joint sponsors and family group members may be required to pay the debt generated in case of default.
Remember that these responsibilities are of a legal and financial nature. Besides, it is crucial to fully understand the implications before agreeing to be a Sponsor in the United States. Therefore, it is always advisable that you seek specialized legal advice to obtain specific information about your situation, and make grounded decisions regarding how to be a Sponsor in the United States.
If you are thinking of sponsoring a friend or family member, at Jaskot Law, we can advise you on the legal obligations of a Sponsor in the United States. Contact one of our attorneys at +1 (410)-235-6868, or email us at [email protected].
Sources
USCIS – Affidavit of Support
Frequently Asked Questions
What is a Sponsor in the United States?
To become a Sponsor in the United States, you must meet the following requirements:
– Be at least 18 years of age.
– Be a U.S. citizen, or permanent resident.
– Have a U.S. address.
– Meet the established financial requirements.
What are the types of Sponsors in the United States?
In the United States, there are three types of sponsors: the primary sponsor, the joint sponsor, and the substitute sponsor. Each has specific roles and responsibilities in the immigrant sponsorship process.
What is a joint sponsor in the United States?
A joint sponsor is a person who agrees to take on the legal obligation of financially supporting an immigrant along with the primary sponsor. The joint sponsor is not required to be a relative of the immigrant, but must meet the minimum income requirements established by immigration law.
What are the legal obligations of a Sponsor in the United States?
The legal obligations of a Sponsor in the United States may vary depending on the type of sponsorship. However, the basic obligations that any sponsor must fulfill include:
– Responsibility for financial sponsorship.
– Continuity of responsibility, even in case of divorce.
– Reimbursement of public benefits received by the sponsored immigrant.
– Joint responsibility of sponsors and family group members in the fulfillment of these obligations.
