| Jan 31, 2022 | Empire Immigration Law Blog, Family Based Immigation
If you are looking to lawfully reside in the United States permanently? Read our 6 family based immigration tips for you, then call us today!
1) Sponsoring a Stepchild
A client contacted us, telling us his wife has a daughter from a previous marriage and asking if he could sponsor his stepdaughter for permanent residence. The answer to that question is it depends. It depends on when you were married and how old your stepdaughter was at the time. Under the U.S. immigration laws, a stepchild is treated the same as a biological child, as long as the marriage which created the step relationship took place before the child’s 18th birthday. If the marriage that created the step relationship took place before the child’s 18th birthday, then that child will be treated as a biological child under the immigration laws. If you have any questions about sponsoring any family members or any other immigration matters, give us a call.
2) Marrying an Immigrant
Recently, we received a phone call from a potential client. She was a U.S. citizen and has a long-term boyfriend. The problem is that her boyfriend does not have lawful status in the United States, and she wanted to know if it was okay to marry him. Her question was, “Can I marry an immigrant in the United States?” The answer to that question is, yes, you can. You can marry an immigrant in the United States.
After you are married, you can then apply for a green card, but you have to do it the right way. There are eligibility requirements that you must meet, including proving that it is a bona fide or good-faith marriage, and not a sham marriage entered into only for the purpose of getting a green card. If you have any questions about the green card application process, give us a call.
3) Green Card Sponsor Eligibility
We receive a lot of phone calls from a lot of potential clients. There’s a lot of frequent questions that we receive, and one we hear most is, “Who is eligible to sponsor a relative for a green card?” Really, it comes down to two main questions. First of all, are you a U.S. citizen or a permanent resident? If the answer to both of these questions is no, then you are not eligible to sponsor anybody for a green card. The next question is what is the relationship to the person that you are sponsoring? U.S. citizens can sponsor their spouses, children, parents, and even siblings for a green card. Permanent residents can sponsor spouses and unmarried children. If you have any questions about who you can sponsor, the green card application process, or any other immigration matters, give us a call.
4) Permanent Resident Sponsoring Relatives
We recently had a client in the office. She’s a permanent resident and wanted to know what family members she can sponsor. The question is, “What family members can I sponsor if I am a permanent resident?” For permanent residents, they can only sponsor spouses and unmarried children. They are not able to sponsor parents or siblings. If you have any questions about family members to sponsor for permanent residence or any other immigration matters, please give us a call.
5) Form I-864 Affidavit of Support
Not too long ago, we were working with a client who was sponsoring his family for a green card and reviewing all of his documents. One of the documents that we reviewed was a form I-864, Affidavit of Support. Our client asked, “What is form I-864, Affidavit of Support?” What we explained to him was this is a document that’s required in all of the green card applications. By signing this, what you’re doing is you’re affirming that you are financially capable of taking care of the people that you are sponsoring. If you have any questions about the green card application process or any other immigration matters, give us a call.
6) Joint Sponsor
Recently, we were working with a client who is sponsoring his family to come to the United States. In reviewing this client’s financial information, we realized he would not meet the financial income requirements. We told him he would need a joint sponsor. He naturally asked, “What is a joint sponsor?” A joint sponsor is somebody who is going to file an I-864, or Affidavit of Support, in addition to yours. The reason for this is to help prove financial support for the green card applicant(s). If you have any questions about this, the green card application process, or any other immigration matters, give us a call.
If you are looking to lawfully reside in the United States permanently and have questions about our 6 family based immigration tips for you, contact our experienced New York family-based immigration lawyer today for a free consultation and case evaluation.
