Majority of immigrant visa applicants are required to have a sponsor. In family-based cases there is a petitioner who is also the sponsor. Most often, the sponsor obligates himself or herself by submitting a Form I-864 or I-864EZ affidavit of support (where applicable).
Filing an I-864 is one of the key documents a sponsor uses when sponsoring a family member who is applying for a U.S. green card whether through consular processing (immigrant visa is processed overseas) or by an adjustment of status (green card is processed within the United States).
On the other hand if you are not the petitioner, you may be asked to co-sponsor the applicant. This means that you as the co-sponsor (also known as the joint sponsor) will be obligating yourself in an enforceable contract to keep and financially support the immigrant at least at the level of 125% of the U.S. federal poverty line.
In circumstances where the petitioner-sponsor does not earn sufficient income to sponsor the prospective foreign national on their own, a joint sponsor will need to be found. If one of your family members asked you to sponsor an immigrant who you did not petition for, you are being asked to be a joint sponsor.
What Does it Mean to Sponsor a Foreign National?
Being a green card petitioner or sponsor means that if the intended foreigner earns less than a specific amount while living in the U.S. as a lawful permanent resident, then you may be obligated to bring up their support to 125%. There are two ways this obligation can be enforced against you as a sponsor:
- The immigrant can file a lawsuit against you in court to follow through with that promise you made
- The U.S. government can also sue you for reimbursement if the immigrant has to get public assistance
Just in case you were wondering, the affidavit of support is legally enforceable as a contract and it has been enforced in several courts within the United States.
How Long Does the Obligation on a Sponsor Last?
The obligation is valid until one of the following four things happens:
- Until the Immigrant becomes a U.S. citizen through naturalization
- The Immigrant accumulates 40 quarters of social security through employment
- The immigrant passes away or
- If the Immigrant permanently leaves the U.S., abandoning their lawful permanent resident status
Once any of those four events happen, you will be alleviated from being a sponsor of that obligation that binds you to maintain the immigrant at least at the level of 125% of the federal poverty guidelines, if necessary.
Time to Get an Immigration Attorney to Guide You
If you need help with sponsoring a family member for an immigrant visa application, you can call Gambacorta Law Office at 847 443 9303 for your first appointment today.