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What Are The Requirements For Applying For A Green Card?  

Articles

What Are The Requirements For Applying For A Green Card?  

Affidavit of Support 101: Quick Guide

The Affidavit of Support (Form I-864) is a required document in marriage-based green card applications. It shows that the U.S. citizen or lawful permanent resident (LPR) spouse can financially support the foreign spouse and prevent them from relying on government assistance.

What is the Affidavit of Support?

Form I-864 is a legally binding contract where the sponsor agrees to support the immigrant spouse if necessary. This obligation lasts until the immigrant becomes a U.S. citizen or has worked in the U.S. for about 10 years.

Who Needs to File It?

  • Primary Sponsor: The U.S. citizen or LPR spouse must file Form I-864.

  • Joint Sponsor: If the primary sponsor’s income is below the required level, a joint sponsor can file to help meet the financial requirements.

Financial Requirements

  • Income Level: The sponsor’s income must meet at least 125% of the Federal Poverty Guidelines for their household size.
  • Using Assets: If income falls short, assets like savings, real estate, or stocks can help meet the requirement.

Steps to Complete Form I-864

  1. Gather Financial Documents: Include tax returns, W-2s, pay stubs, and proof of assets if needed.

  2. Calculate Household Size: List all household members to determine the required income level.

  3. Complete the Form: Provide income and asset details, and attach supporting documents.

  4. Sign and Submit: Ensure the sponsor signs the form; if using a joint sponsor, they need to submit a separate I-864.

Key Tips

  • Check Income Requirements: Make sure you meet the income level before filing.

  • Organize Financial Documents: Thorough documentation helps avoid processing delays.

Summary

The Affidavit of Support is a critical part of the marriage-based green card application, showing the sponsor’s ability to support the immigrant. Following the financial guidelines and submitting complete documentation can help you avoid delays.

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Requirements for Getting a Green Card (US. Permanent Residency)

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Green Card allows foreign citizens to work and live permanently in the United States. There are several pathways through which an individual can apply for a Green Card, each with specific requirements.

Here’s a breakdown of the most common ways to obtain a Green Card:

1. Family-Based Green Card

Eligibility: This is one of the most common ways to obtain a Green Card. Local American citizens or lawful permanent residents can sponsor close family members. There are two main groups:

  • Immediate Relatives: Husband or wife, children under the age of 21 who are not yet married, and parents of US citizens. Annual quotas are not subject to this category, making it one of the fastest paths to a Green Card.

  • Family Preference Categories: This includes relatives such as unmarried children of US citizens (over 21), married children of US citizens, and siblings of US citizens. The wait times are longer due to annual caps on the number of visas issued.

Requirements:

  • A qualifying family relationship with an American citizen or lawful permanent resident.

  • The petitioner (US sponsor) must file Form I-130 (Petition for Alien Relative) with American Citizenship and Immigration Services (USCIS).

  • The sponsor must provide proof of financial support through an Affidavit of Support (Form I-864) to ensure the immigrant does not become a public charge.

  • Applicants must pass background checks, meet health standards, and not have a criminal history that could make them inadmissible.

2. Employment-Based Green Card  

Eligibility: Many immigrants gain permanent residency through employment. Based on the applicant’s qualifications and job type, there are five categories (EB-1 to EB-5).

  • EB-1: People with extraordinary ability in fields like arts, sciences, education, or business. Also includes multinational executives and outstanding researchers or professors.

  • EB-2: Professionals holding degrees or individuals with exceptional field ability.

  • EB-3: Skilled workers (those with at least two years of experience), professionals (with a US bachelor’s degree or equivalent), and other workers (for jobs requiring less than two years of training).

  • EB-4: For special immigrants, including religious workers, translators for the US government, and certain employees of international organizations.

  • EB-5: This is for investors who invest at least $1.05 million above (or $800,000 in targeted employment areas) in a US commercial enterprise and create at least 10 full-time jobs for local workers.

Requirements:

  • Labor Certification: For EB-2 and EB-3, the US employer must show that no qualified US workers are available for the job through the PERM process.

  • Provided an offer of employment from an employer in the US (except for EB-1 extraordinary ability and EB-5 investors).

  • The applicant must submit Form I-140 (Immigrant Petition for Alien Worker), which the employer usually files on behalf of the immigrant.

3. Green Card through the Diversity Visa Lottery (DV Lottery)  

Eligibility: The Diversity Visa Lottery is a program that issues up to 55,000 visas annually to those who are from countries with low immigration rates to the US. The list of eligible countries updates or changes each year.

Requirements:

  • The applicant must be born in a qualifying country.

  • Applicants must have a high school education or its equivalent and two years of work experience in a job requiring at least two years of training.

  • The selection process is random, and winners must meet all eligibility criteria and complete the visa process within the set timeline.

4. Refugee or Asylee Status 

Eligibility: A person can apply for a Green Card after one year of US stay or being given asylum or refugee status.

Requirements:

  • The applicant must already be admitted to the US as a refugee or granted asylum.

  • Refugees and asylees must file Form I-485 (Application to Register Permanent Residency or Adjust Status) after one year of US stay.

  • Continued eligibility is required, meaning the applicant must still meet the refugee or asylee definition and not have resettled in another country.

5. Special Immigrant Categories 

Eligibility: Certain individuals may qualify for a Green Card under special circumstances. This category includes:

  • Religious workers.

  • Special immigrant juveniles (children who have been abandoned or abused).

  • Citizens from both Afghanistan and Iraq who worked for the US government.

Requirements:

  • Applicants must submit Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) and provide documentation proving their special immigrant status.

  • Must meet admissibility standards, including background checks and health screenings.

6. General Eligibility and Admissibility Requirements  

Regardless of the Green Card category, all applicants must meet specific general eligibility and admissibility criteria:

  • Health: Immigrants must pass a medical examination, including tests for infectious diseases.

  • Criminal History: Individuals with certain criminal convictions or involvement in terrorist activities may be ineligible for a Green Card.

  • Public Charge Rule: Immigrants must demonstrate that they will not rely on government assistance and have sufficient financial support.

  • Security Clearances: Applicants must not pose a threat to US national security

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Consular Processing 101: Your Step-by-Step Guide to a Marriage-Based Green Card Abroad
Adjustment of Status 101: How to Apply for a Green Card Without Leaving the U.S.
Travel and Work Authorization 101: Advance Parole & EAD for Green Card Applicants
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Affidavit of Support 101: Quick Guide

The Affidavit of Support (Form I-864) is a required document in marriage-based green card applications. It shows that the U.S. citizen or lawful permanent resident (LPR) spouse can financially support the foreign spouse and prevent them from relying on government assistance.

What is the Affidavit of Support?

Form I-864 is a legally binding contract where the sponsor agrees to support the immigrant spouse if necessary. This obligation lasts until the immigrant becomes a U.S. citizen or has worked in the U.S. for about 10 years.

Who Needs to File It?

  • Primary Sponsor: The U.S. citizen or LPR spouse must file Form I-864.

  • Joint Sponsor: If the primary sponsor’s income is below the required level, a joint sponsor can file to help meet the financial requirements.

Financial Requirements

  • Income Level: The sponsor’s income must meet at least 125% of the Federal Poverty Guidelines for their household size.
  • Using Assets: If income falls short, assets like savings, real estate, or stocks can help meet the requirement.

Steps to Complete Form I-864

  1. Gather Financial Documents: Include tax returns, W-2s, pay stubs, and proof of assets if needed.

  2. Calculate Household Size: List all household members to determine the required income level.

  3. Complete the Form: Provide income and asset details, and attach supporting documents.

  4. Sign and Submit: Ensure the sponsor signs the form; if using a joint sponsor, they need to submit a separate I-864.

Key Tips

  • Check Income Requirements: Make sure you meet the income level before filing.

  • Organize Financial Documents: Thorough documentation helps avoid processing delays.

Summary

The Affidavit of Support is a critical part of the marriage-based green card application, showing the sponsor’s ability to support the immigrant. Following the financial guidelines and submitting complete documentation can help you avoid delays.

Scroll down to read the Full Version.

Requirements for Getting a Green Card (US. Permanent Residency)

Want a shorter version? Click the bar above for a simple version.

Green Card allows foreign citizens to work and live permanently in the United States. There are several pathways through which an individual can apply for a Green Card, each with specific requirements.

Here’s a breakdown of the most common ways to obtain a Green Card:

1. Family-Based Green Card

Eligibility: This is one of the most common ways to obtain a Green Card. Local American citizens or lawful permanent residents can sponsor close family members. There are two main groups:

  • Immediate Relatives: Husband or wife, children under the age of 21 who are not yet married, and parents of US citizens. Annual quotas are not subject to this category, making it one of the fastest paths to a Green Card.

  • Family Preference Categories: This includes relatives such as unmarried children of US citizens (over 21), married children of US citizens, and siblings of US citizens. The wait times are longer due to annual caps on the number of visas issued.

Requirements:

  • A qualifying family relationship with an American citizen or lawful permanent resident.

  • The petitioner (US sponsor) must file Form I-130 (Petition for Alien Relative) with American Citizenship and Immigration Services (USCIS).

  • The sponsor must provide proof of financial support through an Affidavit of Support (Form I-864) to ensure the immigrant does not become a public charge.

  • Applicants must pass background checks, meet health standards, and not have a criminal history that could make them inadmissible.

2. Employment-Based Green Card  

Eligibility: Many immigrants gain permanent residency through employment. Based on the applicant’s qualifications and job type, there are five categories (EB-1 to EB-5).

  • EB-1: People with extraordinary ability in fields like arts, sciences, education, or business. Also includes multinational executives and outstanding researchers or professors.

  • EB-2: Professionals holding degrees or individuals with exceptional field ability.

  • EB-3: Skilled workers (those with at least two years of experience), professionals (with a US bachelor’s degree or equivalent), and other workers (for jobs requiring less than two years of training).

  • EB-4: For special immigrants, including religious workers, translators for the US government, and certain employees of international organizations.

  • EB-5: This is for investors who invest at least $1.05 million above (or $800,000 in targeted employment areas) in a US commercial enterprise and create at least 10 full-time jobs for local workers.

Requirements:

  • Labor Certification: For EB-2 and EB-3, the US employer must show that no qualified US workers are available for the job through the PERM process.

  • Provided an offer of employment from an employer in the US (except for EB-1 extraordinary ability and EB-5 investors).

  • The applicant must submit Form I-140 (Immigrant Petition for Alien Worker), which the employer usually files on behalf of the immigrant.

3. Green Card through the Diversity Visa Lottery (DV Lottery)  

Eligibility: The Diversity Visa Lottery is a program that issues up to 55,000 visas annually to those who are from countries with low immigration rates to the US. The list of eligible countries updates or changes each year.

Requirements:

  • The applicant must be born in a qualifying country.

  • Applicants must have a high school education or its equivalent and two years of work experience in a job requiring at least two years of training.

  • The selection process is random, and winners must meet all eligibility criteria and complete the visa process within the set timeline.

4. Refugee or Asylee Status 

Eligibility: A person can apply for a Green Card after one year of US stay or being given asylum or refugee status.

Requirements:

  • The applicant must already be admitted to the US as a refugee or granted asylum.

  • Refugees and asylees must file Form I-485 (Application to Register Permanent Residency or Adjust Status) after one year of US stay.

  • Continued eligibility is required, meaning the applicant must still meet the refugee or asylee definition and not have resettled in another country.

5. Special Immigrant Categories 

Eligibility: Certain individuals may qualify for a Green Card under special circumstances. This category includes:

  • Religious workers.

  • Special immigrant juveniles (children who have been abandoned or abused).

  • Citizens from both Afghanistan and Iraq who worked for the US government.

Requirements:

  • Applicants must submit Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) and provide documentation proving their special immigrant status.

  • Must meet admissibility standards, including background checks and health screenings.

6. General Eligibility and Admissibility Requirements  

Regardless of the Green Card category, all applicants must meet specific general eligibility and admissibility criteria:

  • Health: Immigrants must pass a medical examination, including tests for infectious diseases.

  • Criminal History: Individuals with certain criminal convictions or involvement in terrorist activities may be ineligible for a Green Card.

  • Public Charge Rule: Immigrants must demonstrate that they will not rely on government assistance and have sufficient financial support.

  • Security Clearances: Applicants must not pose a threat to US national security

Share the Post:

More immigration 101

Green Card Interview Prep 101: What to Expect for Marriage-Based Applicants
Conditional Green Card 101: How to Remove Conditions and Secure Permanent Residency
Immigration Terms 101: Key Terms for Marriage-Based Green Card Applicants
Avoiding Common Green Card Mistakes: Tips for Marriage-Based Applicants
Consular Processing 101: Your Step-by-Step Guide to a Marriage-Based Green Card Abroad
Adjustment of Status 101: How to Apply for a Green Card Without Leaving the U.S.
Travel and Work Authorization 101: Advance Parole & EAD for Green Card Applicants
Marriage-Based Green Card 101: Your Basic Guide to U.S. Residence Through Marriage
Form I-130 Guide: How to Start the Marriage-Based Green Card Process

More FAQs

Green Card Interview Prep 101: What to Expect for Marriage-Based Applicants
Conditional Green Card 101: How to Remove Conditions and Secure Permanent Residency
Immigration Terms 101: Key Terms for Marriage-Based Green Card Applicants
Avoiding Common Green Card Mistakes: Tips for Marriage-Based Applicants
Consular Processing 101: Your Step-by-Step Guide to a Marriage-Based Green Card Abroad
Adjustment of Status 101: How to Apply for a Green Card Without Leaving the U.S.
Travel and Work Authorization 101: Advance Parole & EAD for Green Card Applicants
Marriage-Based Green Card 101: Your Basic Guide to U.S. Residence Through Marriage
Form I-130 Guide: How to Start the Marriage-Based Green Card Process

More Articles

Green Card Interview Prep 101: What to Expect for Marriage-Based Applicants
Conditional Green Card 101: How to Remove Conditions and Secure Permanent Residency
Immigration Terms 101: Key Terms for Marriage-Based Green Card Applicants
Avoiding Common Green Card Mistakes: Tips for Marriage-Based Applicants
Consular Processing 101: Your Step-by-Step Guide to a Marriage-Based Green Card Abroad
Adjustment of Status 101: How to Apply for a Green Card Without Leaving the U.S.
Travel and Work Authorization 101: Advance Parole & EAD for Green Card Applicants
Marriage-Based Green Card 101: Your Basic Guide to U.S. Residence Through Marriage
Form I-130 Guide: How to Start the Marriage-Based Green Card Process

Joint Sponsor for Affidavit of Support

Joint Sponsor for affidavit of support

Did a friend or family member ask you to be a “Joint Sponsor” on their immigration case? If so this article will explain what it means to be a joint sponsor, and what you will have to provide.

Ready to be a joint sponsor?

What is the purpose of a financial sponsor in an immigration application?

U.S. citizens and lawful permanent residents can ask (petition) the government to allow their family members to become residents. In most cases, the government allows this, but only if all parties are eligible.

The government does not want to give green cards to people who might need government assistance. Since foreigners have not paid into the unemployment, social security, and healthcare systems it would not be fair for American taxpayers to support these people.

That’s why immigrants require a financial sponsor.

This sponsor assures the government that the immigrant will have financial support from other people if they ever need it. The sponsor also signs a contract with the government that says the government can require the sponsor to repay any money used to support the immigration. The document that assures this support is called the “Affidavit of Support.”

The person who is asking (petitioner) the government to allow their family member(s) to get green cards always has to submit an Affidavit of Support.

Ready to be a joint sponsor?

What does the petitioner have to do to show they can financially support the immigrant?

The petitioner has to show that they make enough money to provide for the family member they are sponsoring. Usually, the petitioner must show he or she makes 125% of the federal poverty minimum for a household of their size.

For example, if the petitioner is sponsoring a spouse and the only people the petitioner is responsible for is he/she and the spouse, the household size is 2. 125% of the federal poverty minimum for a household of 2 is $21,550. That means the petitioner’s income has to be more than $21,550.

The petitioner has to provide the last 3 years of tax history and evidence of current income. If the tax history and income show the petitioner makes more than $21,550, they have met the requirement.

If for any reason, the petitioner does not make the minimum amount, and if they do not have financial assets that are sufficient, then a “Joint Sponsor” can be used.

Ready to be a joint sponsor?

What is a Joint Sponsor on the Affidavit of Support?

A joint sponsor is someone who “signs on” to the immigration application as a financial sponsor of the immigrant together with the petitioner. The joint sponsor must meet the same requirements as the petitioner.

As a joint sponsor, you will have to show that you have enough income to support your own household plus the immigrant. You also sign a contract with the government that makes you “jointly and severally” liable to the government.

That means that both you and the petitioner a liable together, but that you are also each liable individually to repay the government any money it spends to financially support the immigrant. In other words, if the petitioner cannot repay the government, it will be up to you to pay the whole bill.

Although you would sponsor the immigrant jointly, you have a separate application just for your part.

Ready to be a joint sponsor?

As a Joint Sponsor, for how long am I liable to the government?

As a joint sponsor, your liability to the government goes away in five different situations. Specifically, if the immigrant…

  • becomes a U.S. Citizen
  • receives 40 qualifying credits of employment (10 years of continuous employment)
  • gives up their green card
  • is in removal/deportation
  • passes away

It is important to note that divorce between the petitioner and immigrant does NOT eliminate your liability.

Ready to be a joint sponsor?

I’m worried. Is it safe for me to become a Joint Sponsor?

Many people worry that they are signing on for too much liability. After all, no one wants to be liable to the government if someone else can’t support themselves financially.

At the end of the day your decision will depend on how high is risk that you would actually have to pay the government any money. It is rare that an immigrant needs this financial support. It is also rare that the petitioner would leave you with the whole bill.

Here are some questions to ask yourself, that may help you decide whether or not it is safe for you to “stick your neck out” for this person:

  • How well do I know the petitioner? The petitioner is the first person responsible to the immigrant. Will the petitioner ever allow the immigrant to be without financial support? Did the petitioner just have a bad year financially? Is the petitioner a hard worker?
  • How well do I know the immigrant? Do you think the immigrant will avoid supporting themselves? Would they would rather be supported by the government than work? Would they be hard workers? Do they have disabilities? Do they have a career or job skills?

Here are some questions you can ask the petitioner and/or the immigrant:

  • To the petitioner:
    • Do you have a good job?
    • Are you able to work?
    • Why did you pick me?
    • What will you do to make sure the immigrant never needs government benefits?
  • To the immigrant:
    • What do you want to do for work when you get your green card?
    • Have you applied for any jobs? Do you plan to apply for jobs? What kind of jobs?
    • Do you plan on becoming a U.S. citizen? When?
    • Why did you pick me?
    • What will you do to make sure you never need government benefits?
Ready to be a joint sponsor?

What will I need to do if I agree to be a Joint Sponsor?

We, as the attorneys on the case, will ask you to do the following:

  • Complete a questionnaire with some details about you, including your address and social security number
  • Provide us with proof of your U.S. citizenship (birth certificate or U.S. passport) or lawful permanent residence (green card)
  • Get your Tax Return Transcripts from the IRS website for the last 3 years (click here for information on how to get the right transcript)
  • Provide us with proof of your current income, either through 6 months of pay stubs or an employment letter detailing your wage and hours that you work
    • If you don’t have a regular income you can use assets like recently-appraised homes, 401k’s, bank statements, investment account statements, etc.
Ready to be a joint sponsor?

This is very sensitive information, is it safe to give this to you?

Because of the unique nature of this type of application, we are able to represent you as your attorneys on this application.

This means that we owe you the duty of confidentiality. We are not allowed to share any of your private information with anyone unless you give us permission. Of course, you will be giving us permission to share the information with the government. However, we cannot release your details to anyone else.

It is also our practice not to share your affidavit of support and all supporting documents with the petitioner – unless you give us permission. When the whole application is submitted to the government, we share a copy of it with our clients, the petitioner and immigrant. However, before we share the file we redact (black out) all of your sensitive information, including social security number, account balances, tax returns, etc.

Ready to be a joint sponsor?

What if I have ever have questions?

Our immigration team is available to support you whenever you need it. Your questions will never result in fees being charged to the petitioner. We are here to make sure you understand everything about this process and help you along the way.

OK. I’m ready to sign on as a Joint Sponsor. What’s next?

Now that you are ready to become a joint sponsor, the next step is to complete our questionnaire.

The questionnaire will collect the data we need from you and will give you a place to upload your documents. It’s ok if you can’t finish it all at one time. You can save your place and return to the questionnaire by clicking a link in an email that will be sent to you every time you save your progress.