A green card, or lawful permanent residency, allows individuals to live and work permanently in the United States. To obtain a green card, most applicants need a sponsor. Understanding who can act as a sponsor is crucial for navigating the green card application process. This article will provide a comprehensive overview of the types of sponsors eligible to support a green card application.
What is a Green Card Sponsor?
A green card sponsor is a person or entity that helps an individual obtain lawful permanent residency in the U.S. The sponsor plays a key role in the green card application process by providing necessary support and demonstrating that the applicant will not become a public charge.
Family-Based Sponsorship
Immediate Relatives of U.S. Citizens
U.S. citizens can sponsor their immediate relatives for a green card. Immediate relatives include:
Spouses: A U.S. citizen can sponsor their foreign national spouse.
Unmarried Children Under 21: U.S. citizens can sponsor their unmarried children who are under 21 years old.
Parents: U.S. citizens aged 21 or older can sponsor their parents.
Adopted Children: U.S. citizens can also sponsor children they have legally adopted, provided certain conditions are met.
Family Preference Categories
In addition to immediate relatives, U.S. citizens and lawful permanent residents can sponsor family members under preference categories, which include:
First Preference (F1): Unmarried sons and daughters of U.S. citizens.
Second Preference (F2A): Spouses and minor children of lawful permanent residents.
Second Preference (F2B): Unmarried sons and daughters of lawful permanent residents.
Third Preference (F3): Married sons and daughters of U.S. citizens.
Fourth Preference (F4): Brothers and sisters of U.S. citizens (provided the U.S. citizen is 21 or older).
see also: How Much Does It Cost to Immigrate to US?
Employment-Based Sponsorship
Employer Sponsorship
An employer can sponsor an individual for a green card through various employment-based categories. The process involves the employer filing a petition on behalf of the employee. The primary categories include:
EB-1: Priority workers, including individuals with extraordinary ability, outstanding professors and researchers, and multinational executives and managers.
EB-2: Professionals with advanced degrees or exceptional ability.
EB-3: Skilled workers, professionals, and other workers.
EB-4: Certain special immigrants, including religious workers and certain employees of U.S. foreign service posts.
EB-5: Immigrant investors who invest a significant amount of capital in a U.S. business that creates jobs for U.S. workers.
Labor Certification
For many employment-based green card categories, the employer must obtain a labor certification from the U.S. Department of Labor. This certification confirms that there are no qualified U.S. workers available for the position and that the employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers.
Investment-Based Sponsorship
EB-5 Investor Visa
The EB-5 visa program allows foreign nationals to obtain a green card by investing in a U.S. business. To qualify, the investor must:
- Invest at least $1 million in a new commercial enterprise or $500,000 in a targeted employment area (TEA).
- Create or preserve at least 10 full-time jobs for U.S. workers.
- Demonstrate that the investment funds were obtained through lawful means.
Diversity Visa Program Sponsorship
Diversity Visa Lottery
The Diversity Visa (DV) Program, also known as the green card lottery, provides a limited number of green cards to individuals from countries with low immigration rates to the U.S. Applicants must meet specific eligibility requirements, including:
- Being a native of an eligible country.
- Meeting education or work experience requirements.
- Submitting a successful lottery application.
In this program, there is no specific sponsor; instead, the selection is based on random lottery results.
Other Sponsorship Considerations
Joint Sponsors
If the primary sponsor does not meet the financial requirements, a joint sponsor can assist. A joint sponsor is typically a U.S. citizen or lawful permanent resident who agrees to accept legal responsibility for supporting the green card applicant. The joint sponsor must meet specific income requirements and file a separate affidavit of support.
Affidavit of Support
The affidavit of support (Form I-864) is a critical document in the green card application process. It is a legally binding contract in which the sponsor agrees to support the applicant financially. This form ensures that the applicant will not rely on public assistance.
Financial Requirements
Sponsors must demonstrate that their income meets or exceeds 125% of the Federal Poverty Guidelines for their household size. For sponsors on active military duty, the requirement is 100% of the Federal Poverty Guidelines.
Responsibilities of a Sponsor
Sponsors have several responsibilities, including:
Financial Support: Ensuring that the green card applicant does not become a public charge.
Legal Responsibility: Understanding that the sponsor’s obligations continue until the applicant becomes a U.S. citizen, earns 40 qualifying quarters of work, or the sponsor’s death or deportation of the applicant.
Reporting Changes: Notifying U.S. Citizenship and Immigration Services (USCIS) of any changes in address or employment.
Conclusion
Becoming a sponsor for a green card involves various responsibilities and requirements. Whether sponsoring a family member, an employee, or through investment, understanding the eligibility criteria and obligations is essential for a successful green card application. Sponsors must ensure they meet financial requirements and fulfill their legal commitments to support the green card applicant throughout the process. By adhering to these guidelines, sponsors play a vital role in helping individuals achieve lawful permanent residency in the United States.
