Helpful Reminders When Sponsoring a Family Member for a Green Card | ALG Lawyers

Published: August 7, 2023

Every year, around 810,558 people apply for green cards through their family members. Estimates show that USCIS approves 88% of the applications and denies the remaining 12%. If you are interested in sponsoring a family member for a green card, it is best to be more educated on this topic.

Being a sponsor for a family-based visa involves various and complex responsibilities. Primarily, sponsors must provide financial support to the beneficiaries. In addition, sponsors should also comply with specific requirements to bring their relatives to the United States. ALG Lawyers can help you understand these duties and guide you through the processes. 

Visa sponsorship is an agreement whereby a relative or employer advocates for an immigrant’s visa. The sponsor will then assume specific responsibilities, like supporting the immigrant’s transition into the United States and ensuring they are compliant with policies set on their visas. Visa sponsorship is often necessary for visa categories that grant green cards.

When sponsoring a family member for a green card, the purpose of visa sponsorship is to provide financial support for the beneficiary and prevent them from becoming a public charge. A person is deemed a public charge when they immigrate to the country and manifest a high probability of depending on the government for sustenance.

Purpose of Visa Sponsorship

Visa sponsorship is an agreement whereby a relative or employer advocates for an immigrant’s visa. The sponsor will then assume specific responsibilities, like supporting the immigrant’s transition into the United States and ensuring they are compliant with policies set on their visas. Visa sponsorship is often necessary for visa categories that grant green cards.

When sponsoring a family member for a green card, the purpose of visa sponsorship is to provide financial support for the beneficiary and prevent them from becoming a public charge. A person is deemed a public charge when they immigrate to the country and manifest a high probability of depending on the government for sustenance.

Eligibility Requirements When Sponsoring for a Family Member

Those intending to become sponsors for family-based green cards should possess the following qualifications:

• At least 18 years old 
• Either a US citizen or a lawful permanent resident (LPR)
• Must also have a domicile or residence in the United States

US Citizens and LPRs differ as to the family relatives they can sponsor. Under the immediate relative visa category, US Citizens may sponsor their spouse, unmarried children under 21 years old, and parents. As for the family preference visa category, US Citizens may sponsor their unmarried adult children, married children, and siblings. 

In comparison, LPRs or green card holders may only sponsor relatives under the family preference visa category. Such relatives include their spouse and unmarried minor children.

In addition to the above-listed qualifications, family visa sponsors should comply with a minimum income requirement. This requirement varies depending on factors like household size and location. The standard minimum income is at least 125% above the Federal Poverty Guidelines.

Responsibilities of a Family Visa Sponsor

A US Citizen or LPR will take multiple roles when sponsoring a family member for a green card. Here is a summary:

• File an Affidavit of Support
• Submit timely updates to USCIS about the beneficiary
• Provide financial support
• Ensure that the beneficiary does not become a public charge
• When it comes to being financially responsible for the immigrant, family visa sponsors 

By filing an Affidavit of Support, the family visa sponsor becomes financially responsible for the beneficiary. The sponsors’ responsibility may end when the applicant becomes a US citizen or credits 40 qualifying quarters or around 10 years of work under the Social Security Act.

Joint Sponsorship is Possible

There are moments when an individual sponsor’s income does not meet the standards set by immigration laws. Fortunately, US Citizens and LPRs could still sponsor their relatives with the help of others via joint sponsorship.

Joint sponsors, also called financial co-sponsors, are those eligible to become sponsors who agree to share the legal obligation to provide financial support to a family-based green card applicant.

Joint sponsors do not provide substantial financial support to immigrants in most cases. Their presence serves as insurance that if the principal sponsors cannot perform their duties, the joint sponsors are there to supplement. Notably, joint sponsors shall not answer for the private debts of a beneficiary in marriage-based visas.

Overview of the Application Process Sponsoring a Family Member for a Green Card

Sponsoring a relative for a family-based green card can be a thorough and complex process. Whether you are a sponsor or beneficiary, it is advantageous to have an idea as to how the process flows.

A US Citizen or LPR may initiate the process by filing a Petition for Alien Relative. In this step, sponsors should qualify their relationship with the beneficiary and establish that the latter is qualified to be sponsored. After, the following steps would depend on whether or not the beneficiary currently resides within the United States.

• Applicants with legal immigrant status and currently residing within the United States may file for an Adjustment of Status
• Applicants residing in their home country or anywhere outside the United States should undergo consular processing

Helpful Tips for Family Visa Sponsors

Here are tips on how to manage the processes involved when sponsoring for a family member:

Determine the eligibility of the beneficiaries

It is always a priority to determine the eligibility of sponsors and beneficiaries. When the parties do not qualify, it is more practical to seek other immigration alternatives.

Set enough money for processing fees

Immigration is always costly. Prepare for filing fees, processing fees, documentation fees, and other sorts of payments.

Study about family-based green cards

Family-based green cards have several categories. Having a working knowledge of this topic can help immigrants understand the processes better.

Set enough time for visa processing

It is ideal not to rush visa processing. Set a reasonable and long enough schedule along with your life goals. Doing so gives you flexibility for unexpected delays and other hiccups.

Study the Child Status Protection Act

The Child Status Protection Act is a crucial law when sponsoring underaged relatives. It preserves the child status of applicants who reach the age of majority while processing their applications.

Consult an Immigration Lawyer

Working with an immigration lawyer is a smart investment. As field experts, they can provide you with relevant insights on how to deal with issues regarding visa application and sponsorship.

Reunite with Family Members with the Help of Exceptional Immigration Lawyers

Immigrating on your own can be overwhelming. However, whenever you are with family members, burdens and challenges can somehow feel lighter. If you want to find out whether you could sponsor family members, consult a reliable immigration lawyer in Los Angeles today. ALG Lawyers has a team of veterans who will work closely on your case.

Since immigration offices are thorough with family visas, you will need experts with extensive experience and knowledge. Our attorneys have been in the legal practice for more than two decades. Over the years, they continuously aim for excellence to meet, if not exceed, clients’ expectations.