Sponsorship Path: Us Permanent Residency Via Citizen-Backed Insurance

If you are a US citizen or permanent resident, you can sponsor a family member for a Permanent Resident Card (Green Card). This involves a financial commitment, as you will have to agree to sponsor your family member financially. To do this, you will need to fill out a USCIS Form I-130 and an Affidavit of Support (Form I-864). The purpose of the Affidavit of Support is to prove that your income and assets are high enough to avoid the immigrant becoming a public charge, i.e., someone who receives US government assistance based on financial need. By signing Form I-864, you are entering into an enforceable contract with the US government, which ends when the immigrant becomes a US citizen, earns 40 work quarters in the US, or permanently leaves the country.

The sponsor must be a US citizen or permanent resident

If you are a US citizen or a lawful permanent resident (green card holder), you can petition for a foreign-born member of your family to receive a US green card. This process requires you to agree to sponsor that person financially. This is a serious responsibility, but it is not unlimited.

To become a sponsor, you must be a US citizen or a green card holder, be at least 18 years old, reside in the US or a US territory but not in the household of either spouse, and have a total household income of at least 125% of the Federal Poverty Level for your household size and location.

As the sponsor, you will need to show that your income and assets are high enough to avoid the immigrant becoming a "public charge". A public charge is someone who receives US government assistance due to financial need. You will also need to promise to pay the government back if the immigrant ends up claiming certain types of public assistance benefits.

The sponsor's responsibilities are not indefinite. They end when the sponsored immigrant becomes a US citizen, has worked 40 quarters (10 years) in the US, is no longer a green card holder and has left the US, or is approved for a new green card after being placed in removal (deportation) proceedings. The sponsor's death also ends their obligations, although their estate may be required to pay any support owed before death.

The sponsor must be the immigrant's relative

If you are a US citizen or permanent resident, you can sponsor a family member for a Permanent Resident Card (Green Card). The first step in the process is to apply for a family-based immigrant visa. There are two categories of this type of visa: immediate relative visas and family preference visas.

Immediate relative visas are for close relatives of US citizens, such as spouses, unmarried children under 21, and parents. An unlimited number of visas are available in this category.

Family preference visas are for other relatives of a US citizen, such as eligible children or siblings. A limited number of these visas are set aside each year.

To sponsor your family member, you need to submit a United States Citizenship and Immigration Services (USCIS) Form I-130. Each person you sponsor requires a separate form, which can be submitted online or by mail.

As a sponsor, you must also be at least 18 years old and have a domicile in the United States or a US territory or possession. This usually means that you must live in the US or a territory, but if you live abroad, you may still be eligible if you can show that your residence abroad is temporary and that your domicile is still in the US.

As a sponsor, you will need to demonstrate your financial ability to support your relative. You will need to show that your household income is equal to or higher than 125% of the US poverty level for your household size. If you are on active duty in the US Armed Forces and sponsoring your spouse or child, your income only needs to equal 100% of the US poverty level for your household size.

If you cannot meet the minimum income requirements, you have several options. You may be able to add the cash value of your assets, such as money in savings accounts, stocks, bonds, and property. You may also be able to count the income and assets of members of your household who are related to you by birth, marriage, or adoption, as long as they have lived with you for the last six months.

It is important to note that as a sponsor, you are legally obligated to provide financial support for your relative. This obligation typically ends only when your relative becomes a US citizen, has worked in the US for at least 10 years, or permanently leaves the country. If your relative receives means-tested public benefits, you may be responsible for repaying the cost of those benefits to the relevant agency.

The immigrant must not be inadmissible to the US

To become a permanent US resident, an immigrant must not be inadmissible to the US. This means that they must not fall under any of the categories of inadmissibility outlined in Section 212 of the Immigration and Nationality Act (INA). Being deemed inadmissible will result in the immigrant being denied entry into the US and being unable to obtain a visa or green card.

Some of the main grounds of inadmissibility include:

• Criminal history: A history of committing certain types of crimes, such as crimes involving moral turpitude, drug offenses, or multiple criminal convictions, can make an immigrant inadmissible.
• Immigration law violations: Violating immigration laws, such as staying in the US without proper status for over 180 days or being previously removed, deported, or excluded from the country, can result in inadmissibility.
• Health concerns: Communicable diseases, lack of necessary vaccinations, physical or mental disorders associated with harmful behavior, and drug abuse or addiction are all grounds for inadmissibility.
• National security concerns: Any connection to terrorist activities or anti-American groups can make an immigrant inadmissible.
• Public charge concerns: Immigrants who are likely to become dependent on public benefits may be deemed inadmissible. This includes those who lack a stable source of financial support and may require government assistance.
• Misrepresentation or fraud: Providing false information or committing fraud on immigration applications can result in inadmissibility.

It is important to note that even if an immigrant falls under one or more grounds of inadmissibility, there may still be exceptions or waivers available. For example, certain grounds may be waived for humanitarian reasons or if the immigrant can prove that their condition or circumstances have changed and they no longer pose a threat to public health or safety. However, obtaining a waiver can be challenging, and it is recommended to consult with an immigration attorney for guidance.

The sponsor must fill out Form I-130

To begin the process of sponsoring an eligible relative to become a US permanent resident, the sponsor must fill out Form I-130, also known as the Petition for Alien Relative. This form is used to establish a qualifying relationship between the sponsor and the beneficiary (the eligible relative). The sponsor must be a US citizen, lawful permanent resident, or US national, and the beneficiary must be an eligible relative who wishes to come to or stay in the United States permanently and apply for a Permanent Resident Card, also known as a Green Card.

Form I-130 is the first step in helping an eligible relative apply to immigrate to the United States and obtain a Green Card. It is important to note that the filing or approval of this petition does not provide the beneficiary with any immediate immigration status or benefits. Generally, after the Form I-130 petition is approved, the beneficiary may apply for a Green Card. If the beneficiary is already in the United States and an immigrant visa is available, they may be eligible to apply for their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

When completing Form I-130, the sponsor must select one option in Part 4 (Question 61 or 62) to indicate whether the beneficiary will seek adjustment of status inside the United States or consular processing abroad. It is important to note that both questions should not be completed, and this section should not be left blank. The sponsor must also provide evidence of their U.S. citizenship, lawful permanent residence, or U.S. national status, such as a copy of their birth certificate, naturalization or citizenship certificate, passport, or Permanent Resident Card.

Additionally, the sponsor must provide evidence of their family relationship with the beneficiary, such as a marriage certificate, birth certificate, or other relevant documents. The sponsor may also need to provide proof of the bona fides of the marriage if petitioning for a spouse, including documentation showing joint ownership of property, joint tenancy, combined financial resources, birth certificates of children, and affidavits from third parties affirming the marital relationship.

It is important to carefully review the instructions and requirements for Form I-130 to ensure that all necessary information and documentation are provided. Any missing or incomplete fields may result in the rejection of the form.

The sponsor must meet minimum income requirements

The sponsor's income is a crucial aspect of the process of becoming a US permanent resident. The sponsor must meet specific income requirements to demonstrate their financial capability to support the immigrant. The minimum income requirement for most sponsors is 125% of the Federal Poverty Guidelines, which is adjusted based on the sponsor's household size and location. For instance, in the 48 contiguous states, a couple without children must have a minimum annual income of $25,550.

If the sponsor's income falls short of the requirement, they can include income from other adult household members, such as siblings, parents, or children, by having them complete Form I-864A, agreeing to contribute to the support of the relative seeking a green card. Alternatively, the sponsor can enlist the help of a "joint sponsor" or "co-sponsor," who is typically another US citizen or green card holder. This joint sponsor must also meet the 125% income requirement independently and cannot combine their income with that of the primary sponsor.

It is important to note that the sponsor's income is not the sole factor in the process. The sponsor must also provide proof of income through tax returns, pay stubs, and other relevant documents. Additionally, the sponsor's assets may be considered if their income is insufficient. The sponsor's financial responsibility usually lasts until the immigrant becomes a US citizen or accumulates 40 quarters of work, which is typically around 10 years.

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