Published: January 25, 2023
About 13.7% of the US population, or 9.7 million people, are immigrants. This statistic proves that America is continuously becoming a country of diversity and opportunity. Interestingly, a considerable portion of the existing immigrant population gained access to the country through visa sponsorship.
Visa sponsorship occurs when a person, referred to as the “sponsor,” acts as a guarantor for a beneficiary to gain permanent or temporary residency in the United States. The sponsor vouches for the beneficiary’s good behavior, financial stability, and legal standing.
Most of the time, visa sponsorships occur between relatives and spouses. The US immigration law reserves specific provisions for US citizens and LPRs to sponsor their eligible loved ones and reunite within US borders.
The ideal first step to sponsor your spouse and relatives is asking the right legal questions. This blog listed some of the most frequently asked and relevant questions concerning marriage and family-based visa sponsorship. Read the following paragraphs to discover the intricacies of the law and its legal effects on the immigrants and sponsors.
Who Can Sponsor a Spouse or Relative?
Only a specific selection of individuals have the legal capacity to sponsor their spouse and relatives. For family-based visas, being able to sponsor a spouse or relative is a privilege reserved to US Citizens and permanent residents. Under specific conditions, it is also possible for refugees and asylees to sponsor for their spouses and relatives.
It is also crucial to point out that US Citizens and permanent residents do not have the same privileges when sponsoring a spouse or relative. As provided by law, US Citizens can sponsor a longer list of potential immigrants than permanent residents.
Many people confuse having a green card to becoming a full-fledged US Citizen. To avoid this mistake, please coordinate with a spouse visa attorney or family visa specialist for that matter.
Who Can You Sponsor?
The privilege to sponsor another for US permanent residency is limited. US citizens and permanent residents may only petition for a specific number of individuals. Here is a simplified list for your perusal:
US Citizens
- Spouse (legally married husband or wife)
- (replace everything that has this exact sentence) Children aged 21 years old and under who were not married
- Children over 21 years old who were not married
- Parents
- Siblings
Permanent Residents
- Spouse (legally married husband or wife)
- (replace everything that has this exact sentence) Children aged 21 years old and under who were not married
- Children over 21 years old who were not married
Note that these individuals may lose their eligibility. Work closely with a marriage immigration lawyer to learn more.
What Are the Requirements to Sponsor a Spouse?
One of the first requirements to validly sponsor a spouse is to prove you contracted a valid marriage. In addition, the USCIS will require a set of documents you should submit on time.
After preparing all necessary documents, the sponsor should ensure that he or she possesses the minimum annual requirement. This amount may vary depending on the residence of the sponsor. The latest threshold is staying above 150% of the federal poverty line.
Also, the beneficiaries should not possess any qualifications making them inadmissible for immigration. Seek advice from an immigration attorney to clarify these matters and find appropriate solutions.
What Are the Requirements to Sponsor a Relative?
Sponsoring a relative follows a similar concept as sponsoring a spouse. The sponsor should prove their filial relationship with the beneficiary. Similarly, applicants should prepare all the documents the USCIS will require, including forms and official records.
Sponsoring for a relative also requires the sponsor to possess a certain level of financial wealth. This requirement sets as a protection for the sponsor and beneficiary that they can survive in the United States without being entirely dependent to the government for daily sustenance. In 2023, the financial threshold is staying above 150% of the federal poverty line.
What Is the Estimated Wait Time When Sponsoring a Spouse?
Estimated time: 6 months to 3 years
It is impossible to put a date to any immigration process, especially when attempting to sponsor permanent residency. Several factors may speed up or delay the application process. For this reason, applicants should always prepare the required documents beforehand for smoother processing. Further, never miss any interview appointments.
Also, spouses with conditional visas should first clear the condition attached to their immigration status. Otherwise, they could not adjust their status and successfully proceed to the next immigration step.
How Long Does It Take to Sponsor a Relative?
Estimated time: 6 months to 2 years
The process can be significantly faster if you sponsor your immediate relative’s permanent residency. The US government gives priority to immediate relatives to help US Citizens and permanent residents unite with their families within US borders as soon as possible.
However, applicants should exercise caution because many failed their applications due to minor inconsistencies or errors. It is ideal to seek advice from a family visa attorney to avoid severe legal implications and the denial of your application.
What Are the Benefits of Sponsored Immigrants?
Sponsoring loved ones to come into the United States costs a considerable amount of money and takes a lot of effort. However, everything applicants invest on this endeavor will be worth it since a successful visa sponsorship offers immense value to them. Here are specific examples that beneficiaries may look forward to:
- Access to federal benefits like Medicaid and other social welfare support programs
- Ability to have gainful employment within the United States
- Maintain the citizenship of your home country
- Travel freely within US borders
- Attend public schools and receive quality education (especially for children)
- Engage in US political processes, except running for positions exclusive to American citizens
Trustworthy Expert Guides to Visa Sponsorship
Sponsoring a spouse or relative can have intricate issues best resolved with the help of immigration lawyers. It is not recommended to overly rely on hearsay and things you find on the Internet because you may not have the expert knowledge and skills to assess the legal implications of your actions. Choose to be safe and partner with ALG Lawyers.
We are a team of well-experienced Los Angeles immigration attorneys and legal staff. Our years of practice on the field polished our practice standards and professionalism. Expect our undivided commitment and support to your cause every step of the way.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)