Joint Sponsor Laws

In order to understand what a joint sponsor and joint sponsorship are, one must first understand what immigration law is in the United States. Immigration laws are the set of laws that regulate how an individual from another country may qualify for a visa, as well as under what circumstances immigrants may be deported. When it comes to obtaining a visa, there are a number of different types of visas that are available.

An immigrant may qualify for a temporary or permanent visa, dependent on their purposes for entry into the United States. A permanent residence card, also known as a permanent visa or a green card, is the legal document issued by the United States federal government to an immigrant. Possession of a permanent visa indicates that a person is lawfully allowed to permanently live and work in the United States. In general, most immigrants who legally reside in the United States have what is known as a green card, which is also known as a permanent visa.

Individuals with green cards may also choose to seek to become full United States citizens. However, immigrants must also refrain from any activities that may bring a deportation or removal action upon them. Importantly, any immigrant who is already present in the United States must abide by all of the United States immigration laws, or they will risk being deported or removed from the United States.

In general, a person who is seeking an immigrant visa must first find a person or organization who will petition them to relocate to the United States. Because of this, immigrant visas are generally categorized into one of three broad categories according to the applicant’s relationship to their petitioner:

• Family-Based Visa: Examples of the most common petitioners for visas include immediate relatives, close family members, fiancés, and/or other people who are willing to help the applicant receive their visa;
• Employment-Based Visa: Employers may also act as a petitioner for a visa in order to petition a worker to relocate permanently to the United States; and
• Special Immigrant Visa: Examples of special immigrants as employees include religious workers, or applicants who are from selected countries specified by immigration laws.

As can be seen, in most cases a sponsor is necessary for a person that is seeking to relocate to the United States. In short, a “sponsor” is a person that will vouch for a person’s presence as an immigrant in the United States. Once again, in most cases a sponsor is a family member of the immigrant that is seeking to immigrate to the United States under a family-based visa.

It is important to note that sponsors are required to provide an affidavit of support when a petition is filed by the immigrant. This affidavit is a legal immigration document that includes a statement that the sponsor will be the individual that is financially responsible for the immigrant who is permanently relocating to the United States.

In cases where the original sponsor cannot meet the income requirements for being a sponsor alone, the immigration department will allow another person to act as joint sponsor with them. When two or more people join together as sponsors on an immigrant application, that is known as joint sponsorship.

What Are the Requirements for Becoming a Joint Sponsor?

It is important to note that not everyone may become a joint sponsor for a family-based visa application. Joint sponsors must also meet the same basic requirements as the original sponsor to the petition. These basic requirements include:

• The individual must be at least 18 years of age;
• The individual must be a United States citizen or permanent resident at the time of sponsorship;
• The individual must actively live in the United States or a United States territory
  • Importantly, people living abroad can still act as a joint sponsor if they are living abroad temporarily and their primary domicile is in the United States; and
• The joint sponsor’s income level must be equal to or greater than 125% of the United States poverty level for their household size.

It is important to note that unlike the original sponsor, joint sponsors do not actually need to be related to the immigrant in the application. Joint sponsors may also be allowed in an adjustment of status application for an immigrant.

In general, a joint sponsor is typically needed when the sponsoring spouse, who is the primary sponsor, does not have sufficient income to satisfy the minimum financial requirement for a green card based on marriage. In general, the requirements for a joint sponsor does not change depending on the immigrant visa categories. However, a joint sponsor is not responsible for a marriage based green card holder’s taxes or private debt, or the green card holder’s encounters with law enforcement.

Are There Any Legal Issues to Avoid as a Joint Sponsor?

In short, yes, there are many legal issues that an individual should be aware of and avoid as a joint sponsor. The most important issue to avoid when applying to be a joint sponsor is to avoid any acts that may arise to the levels of immigration fraud.

If a joint sponsor misrepresents their income level on a joint sponsor application, or any other pieces of their information regarding the other requirements, such misrepresentations could lead to serious legal consequences. Further, if a joint sponsor commits immigration fraud, the person seeking the visa application could have their application denied, or they may be denied entry into the country. Finally, joint sponsors may also sometimes be held liable for certain aspects of an immigrant’s status, such as if the person they sponsored ends up seeking welfare.

How Can an Immigration Lawyer Help?

As can be seen, there are numerous instances in which a joint sponsor may be subject to certain liability that arises from their joint sponsorship. As such, an immigration lawyer can help an individual that is being asked to be a joint sponsor to understand their requirements as a joint sponsor, as well as what their possible legal liability is.

Do I Need a Lawyer for Help with Joint Sponsor Issues?

As can be seen, joint sponsorship is a serious matter, and an individual that is asked to be a joint sponsor must understand all of the rules and requirements being asked of them by the visa applicant and primary sponsor.

Further, joint sponsors carry great responsibility and must meet several requirements in order to even attempt to be a joint sponsor on a visa application. As such, if you are being asked to be a joint sponsor, it may be in your best interests to consult with an experienced immigration lawyer in your area. An experienced immigration attorney can answer any questions you may have regarding joint sponsorship.

Further, if you need assistance with joint sponsor applications, an attorney can provide you with research to help ensure that you meet all the requirements in the joint sponsorship application. Also, if you need to appear before an immigration judge or panel, as a result of a claim of immigration fraud, an experienced immigration attorney can provide you legal representation during any necessary in person proceedings.