Law Dictionary

Sponsor

(Immigration Law)

There are many ways to sponsor an alien. The term "sponsor" in the immigration sense, often means to bring to the United States or "petition for". If you would like to sponsor, or petition for, an employee, please see the instructions entitled "How Do I Get Immigrant Status Based on Employment?" If you would like to sponsor, or petition for, an overseas orphan, please refer to the information entitled "How do I bring an orphan to the United States to live?"

If you are a refugee or an asylee and wish to sponsor, or petition for a relative, please refer to the document entitled "How Do I Get my Children or Spouse Derivative Asylum (or Refugee) Status?"

Another meaning of the term "sponsor" is a person who completes Form I-864, Affidavit of Support Under Section 213A of the Act. This type of sponsorship is not, however, the first step in any immigration process.

Inorder to be a sponsor and file Form I-864, Affidavit of Support Under Section 213A of the Act, the following conditions must already be met:

1. You have already petitioned for your relative;
2. You have been notified that INS has approved the petition;
3. The visa for that relative is currently available;
   
   
4. The relative has been scheduled to appear to submit his or her application for an immigrant visa overseas to a Consular Officer (DOS Form OF-230) or is preparing to file for adjustment of status to that of a lawful permanent resident (on Form I-485, Application to Register Permanent Residence or Adjust Status) in the United States. In the case of the overseas relative, you, the petitioner will be informed as to where and when to submit Form I-864. In the case where the relative is in the United States, you, the petitioner will complete Form I-864 and give it to your relative to file along with his or her application for permanent residency.

If you are a U.S. citizen and are sponsoring, or petitioning for, your spouse, parents or minor children who are currently in the United States, the above conditions do not need to be met in that exact order. Your relative may file his or her application for adjustment of status to that of a lawful permanent resident at the same time you file the relative petition. If this is your situation, you, the petitioner, must complete Form I-864, Affidavit of Support, and the petition for your relative and give them to your relative to submit with the application for adjustment of status.

For further information on filing for adjustment of status to that of a lawful permanent resident, please refer to the instructions entitled "How Do I Become a Lawful Permanent Resident While in the United States?" For further information about being a sponsor on Form I-864, please see the instructions entitled "How Do I File an Affidavit of Support for a Relative?" or see "Affidavit of Support Package".

Source : United States Citizenship and Immigration Services (USCIS)

Language : English

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