What is Sponsorship?

In the field of family immigration law, sponsorship refers to the process where a U.S. citizen or lawful permanent resident (LPR) petitions for certain family members to immigrate to the United States. The types of family members eligible for sponsorship vary depending on whether the sponsor is a U.S. citizen or a green card holder. While immediate relatives of U.S. citizens typically have visas immediately available, other family categories may face waiting periods due to annual visa limits. 

Key Takeaways

• Sponsorship refers to the process where a U.S. citizen or lawful permanent resident (LPR) petitions for certain family members to immigrate to the United States.
• According to U.S. immigration law, every person who immigrates based on a relative petition must have a financial sponsor.
• The sponsor in family immigration takes on certain legal and financial responsibilities for the immigrant they are bringing into the United States. 
• Working with an experienced immigration lawyer is highly recommended when navigating the family sponsorship process.

How Does Sponsorship Work?

Sponsorship in family immigration works through a structured process including these important steps:

1. Petition Filing: The family sponsorship process is initiated by filing Form I-130 (Petition for Alien Relative) with the United States Citizenship and Immigration Services (USCIS). 
2. Eligibility Determination: After the form is filed, the USCIS reviews the petition to verify the claimed relationship and the sponsor's eligibility to petition for the family member.
3. Priority date establishment: Once the petition is approved, a priority date is set. This date determines the immigrant's place in line for a visa, which is particularly important for family categories with annual limits.
4. Visa availability: For immediate relatives of U.S. citizens, visas are immediately available. Other categories may need to wait until a visa becomes available based on their priority date.
5. Immigrant visa application: When a visa becomes available, the sponsored family member applies for an immigrant visa, typically at a U.S. consulate in their home country.
6. Affidavit of Support: The sponsor must file Form I-864 (Affidavit of Support). This form demonstrates their ability to financially support the immigrant.
7. Interview and processing: The sponsored family member undergoes an interview and medical examination. If approved, they receive an immigrant visa.
8. Entry and green card: Upon entering the U.S., the family member becomes a lawful permanent resident and receives a green card.

Bottom Line

It is critical to note that sponsorship is a complicated process that involves various critical steps. In order to ensure that the process runs smoothly and to maximize your chances in successfully sponsoring a family member, it is highly advised to work with an experienced immigration attorney. Your lawyer will guide you through the journey, helping you determine eligibility, properly fill out forms, gather necessary documentation and navigate potential obstacles.