Obligations of Green Card Sponsorship
Getting Green Card sponsorship for long-term residency in the United States is a crucial objective for a lot of foreign-born people and households. Green Card status is a significant action towards attaining U.S. citizenship.
In almost every circumstance, the United States Citizenship and Immigration Service (USCIS) expects that immigrants looking for permanent residency have a sponsor.
USCIS permits Green Card sponsorship in the following classifications:
- Sponsoring a Relative: Green Card through family
- Sponsoring an Employee: Green Card through Employment
- Sponsoring a Special Immigrant: see eligibility explanations at the USCIS site
Whether for a member of the family, employer, or somebody who has agreed to be financially responsible, green card sponsorship requires a complex application process, so talking to a skilled immigration attorney is recommended.
Who Can Be A Green Card Sponsor?
Being a Green Card sponsor brings crucial and long-lasting duties. The most crucial is to ensure total monetary obligation for the candidate until they either end up being a U.S. Citizen or have worked for 40 quarters or 10 years.
A sponsor for any immigrant prospect for Green Card status should be at least 21-years of age and a United States citizen or a long-term resident. The sponsor needs to keep a main residence in the United States or a U.S. territory.
In the process of requesting a Green Card for any prospect, the sponsor should confirm adequate earnings and net worth to support themselves and other relatives along with 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 for Green Card sponsorship to make sure the immigrant, in addition to the household of the sponsor, will be sufficiently supported.
Sponsors should prove that their earnings 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 till the prospect ends up being a U.S. citizen or has actually worked for 40 quarters, generally 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. Immediate family members of U.S. citizens, such as spouses, unmarried kids under 21 including orphans, and parent are given top priority. Additional members of the family, who might be qualified however at less priority levels, are:
- Adult children of U.S. citizens
- Spouses and single kids of Permanent Residents
- Married sons and daughters of U.S. residents and unmarried minor children
- Siblings of U.S. citizens and families
Sponsoring A Foreign Employee
Frequently, American companies need services and abilities that might best be sourced in foreign nations. Many of these businesses initially 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 minimized, and competition for these licenses is stiffening.
Nevertheless, employers might request long-term residency for foreign-born staff members. The primary step is to finish a Form I-140, an Immigration Petition for an Alien Worker. The company should in addition show that working with the foreign worker does not adversely affect market earnings or affect the hiring of candidates with U.S. citizenship.
Employees with remarkable abilities and training who are presently operating in the United States on a legal visa might likewise 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 office 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 aid can make the difference between success and failure.
Check out more articles on the Davis & Associates blog for more information about existing concerns about the quickly altering elements of immigration.
About Davis & Associates:
Davis & Associates is the immigration law firm of choice in Houston 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.