In simpler terms, the word “sponsor” means “petition for”, according to the United States Citizenship and Immigration Service. As such, there exist a multitude of responsibilities and obligations for the sponsor in Aurora.
Sponsoring a Family Member in Aurora
Age and Status
In order to legally vouch for an immigrant for any green card classification, sponsors must be of the legal age of consent. In the United States, this means they must be at least 18 years old. Moreover, a sponsor is only qualified to support another person’s green card application if the sponsor is a U.S. citizen or legal permanent resident (LPR).
Family sponsors, whether they are solo, joint, or substitute, must be able to demonstrate a certain income amount to sponsor. The income requirement is 125% or more above the U.S. poverty level for a family of the same size.
Fortunately, there are exceptions that apply for members of the military as well as people sponsoring a spouse or child of their own. Under these circumstances, a sponsor must earn an salary that is at or above the poverty line set for a family of the sponsor’s size.
Before sponsors may gain that status, they must first file a petition for the alien to get green card status. If the application is approved, then the United States Citizenship and Immigration Service (USCIS) will notify them.
Sponsors must then write a petition letter, called an affidavit of support, and file it with Form I-864. With this sworn statement, a sponsor goes on record stating that he or she believes that the foreign national would be an asset to the United States if granted a green card.
Sponsors in Aurora also have the responsibility of providing evidence of income, such as W-2 tax forms for the past three years, pay stubs for the last six months, or a letter from an employer that verifies income.
Additionally, other evidence that some sponsors in Aurora may have the obligation to supply include:
- A copy of the Schedule C, D, E, or F from a Federal tax return if self-employed
- Proof of active military status if on active duty
- Proof that an immigrant’s employment would continue if the sponsorship is employment-based
Sponsoring an Employee in Aurora
A current or prospective employer may sponsor an immigrant to whom they have offered a job. One major obligation of an employer that is not the responsibility of the employee whatsoever is obtaining a labor certification.
A labor certification is issued by the United States Department of Labor. It is designed to ensure that foreign nationals are not displacing equally-qualified American workers.
Some companies may encourage current or potential foreign employees to apply for permanent residency under a preference that either does not require or may waive the labor certification process. Examples include an EB-1, first preference, petition for an alien of extraordinary ability, or a second preference National Interest Waiver.
Speak with a Sponsorship Attorney in Aurora
Because the responsibilities and obligations of the sponsor in Aurora are heavy, it may help to seek legal assistance. A lawyer in Aurora may be familiar with the expectations of USCIS.
If you are considering sponsorship, make an appointment to consult with an immigration lawyer in Aurora today.