Advanced Issues When Sponsoring an Immigrant in Boston

When a family member or someone else in your life wants to fulfill their dream to live in the United States permanently, you can assist them by becoming a sponsor. However, choosing to sponsor an immigrant is a major decision. You are committing to helping someone financially for a long time. 

Before you commit, you should discuss options with an experienced attorney who handles advanced issues when sponsoring an immigrant in Boston. The knowledgeable immigration attorneys at Gorton Law LLC can answer your questions regarding becoming a sponsor and help you weigh the pros and cons of sponsorship.

What is a Sponsor?

Sponsoring an immigrant means you will financially support an immigrant applying for permanent residency in the United States and ensure they follow all U.S. laws. As a sponsor, you agree to support the immigrant financially. This is required to ensure the immigrant has the means to take care of themselves and does not become financially dependent on the government.

It’s a common point of confusion regarding “sponsoring” an immigrant. One might ask to “sponsor” someone and mean “bring someone to the United States.” It’s a common mistake, but in the immigration process, the “sponsor” means “financial sponsor.” The person or company who is bringing the person into the country is called the “petitioner.” For more information, please see our resources for Immigration for families or immigration for businesses.

A sponsor is liable for the immigrant until the immigrant becomes a U.S. citizen, earns 10 years of credited work toward Social Security, permanently leaves the U.S., or dies. To become a sponsor, you must be at least 18 years of age, be a U.S. citizen or permanent resident, reside in the U.S. or its territories, and meet certain income requirements. Meeting with a knowledgeable Boston attorney who handles advanced issues with sponsoring an immigrant can ensure you understand your role in the legal process. 

What Is a Joint Sponsor?

Sometimes, the US Citizen acting as the petitioner in an immigration case may not be able to meet the financial requirements for whatever reason (perhaps a temporary layoff, starting a new job, or full-time schooling). In that case, a joint sponsor can be added to the process, so the immigrant can meet the sponsorship requirement. The joint sponsor does not need to be a family member; any US Citizen or Lawful Permanent Resident who meets the income requirements can be a joint sponsor. At Gorton Law LLC, we have seen friends, parents, in-laws, bosses, neighbors, and religious community members volunteer to assume the sponsorship requirements.

Can You Terminate a Sponsorship?

Sponsoring an immigrant is a big decision. You may be able to cancel your request to be a sponsor prior to the petition being approved. However, once the petition is approved and a visa has been issued, you will have to prove the agreement was fraudulently obtained. 

If you are married, your responsibilities to the immigrant do not end when the Judgment of Divorce is issued, and a divorce will not revoke the sponsorship. Filing for bankruptcy also does not terminate a sponsorship. Before you commit to becoming a sponsor, discuss your issues with sponsoring an immigrant with an experienced attorney in Boston.  

Sponsoring an immigrant can be very personally rewarding. You can help someone fulfill their dream to become a U.S. citizen. However, sponsoring an immigrant is a major decision because the bulk of the legal and financial responsibilities of sponsorship fall on you as a permanent resident. 

An immigrant you sponsor may sue you for financial support. If they are unable to meet their financial obligations, and you fail to assist them, the immigrant may file a financial support suit against you. 

The U.S. government may also seek reimbursement from you if an immigrant you are sponsoring uses public benefits. If you are aware that the sponsored immigrant has received public benefits, and you do not repay the government, you may be fined. You and an attorney should discuss ways to avoid civil suits and options to repay the government for benefits the immigrant received.

That being said, both of those enforcement actions are rare and tend to arise in the case of financially complex divorces. However, anyone with concerns about signing the Affidavit of Support should obtain independent counsel.

Ask a Lawyer About Advanced Issues with Sponsoring an Immigrant in Boston

Sponsoring an immigrant is a major decision with many pros and cons to consider. Meeting with an experienced attorney in Boston who understands the advanced issues when sponsoring an immigrant can ensure all your questions are answered. Contact Gorton Law LLC to discuss your questions about sponsoring an immigrant.