The Role of a Sponsor in the Green Card Process for Iranian Applicants

Navigating the complex world of immigration law can be daunting for anyone, but it can be especially challenging for Iranian applicants seeking a green card. One critical aspect of the green card process is understanding the role of a sponsor. This article will delve into the importance of sponsorship, the responsibilities and qualifications of a sponsor, and how Iranian applicants can find the right sponsor to support their green card application.

The Importance of Sponsorship in the Green Card Process
Sponsorship plays a crucial role in the green card process for Iranian applicants. It is designed to ensure that the intending immigrant will not become a public charge, meaning they will not rely on government assistance for their financial needs. The sponsor, who must be a U.S. citizen or lawful permanent resident, must show they are willing to be responsible for providing financial support to the intending immigrant and proving their ability to do so. This assurance helps guarantee that the immigrant can sustain themselves financially in the United States without becoming a burden on taxpayers.

The Affidavit of Support (Form I-864)
The primary document to establish sponsorship is the Affidavit of Support (Form I-864). This legally binding contract outlines the sponsor's commitment to support the intending immigrant financially. The sponsor must demonstrate that they have an income of at least 125% of the federal poverty guidelines for their household size, including the intending immigrant. In some cases, the income requirement may be higher if the sponsor is a member of the U.S. Armed Forces or if the intending immigrant is the sponsor's spouse. You can check the income threshold requirements based on your household size here. 

The sponsor must provide evidence of their financial stability, such as tax returns, W-2 forms, and pay stubs. This documentation proves that the sponsor can fulfill their financial obligations to the intending immigrant. By signing the Affidavit of Support, the sponsor agrees to assume financial responsibility for the immigrant until the immigrant becomes a U.S. citizen, has worked in the United States for at least 40 qualifying quarters, or leaves the country permanently.

Who Can Be a Sponsor?
Not everyone can serve as a sponsor for an Iranian applicant seeking a green card. To qualify as a sponsor, you must:

• Be a U.S. citizen or lawful permanent resident.
• Be at least 18 years old.
• Meet the income requirements, as previously discussed.
• Have a domicile (permanent residence) in the United States. 
• If you currently live abroad, you can show that your work qualifies for an exemption to the domicile requirement or show that you plan in good faith to re-establish your domicile when the intending immigrant intends to immigrate to the United States. It is best to work with an attorney for this requirement as the embassies are strict about the domicile requirements. 

In most cases, the sponsor is a close relative of the intending immigrant, such as a spouse, parent, or sibling. However, other individuals who are not related to or friends of the intending immigrant and who meet the eligibility criteria may also serve as sponsors.

Responsibilities of a Sponsor
A sponsor's responsibilities extend beyond providing financial support to the intending immigrant. As a sponsor, you are also required to:

• Update your address with the U.S. Citizenship and Immigration Services (USCIS) within 30 days of any change, using Form I-865, Sponsor's Notice of Change of Address.
• Maintain your commitment to the financial responsibility for the intending immigrant, even if your relationship with the immigrant changes (e.g., divorce, separation, or other family disputes).
• Provide financial support to the intending immigrant until they meet the conditions for terminating your sponsorship responsibilities, such as becoming a U.S. citizen. 

Joint Sponsors and Household Members
If the primary sponsor does not meet the income requirements, a joint sponsor or household member can help make up the difference. A joint sponsor must meet the same eligibility criteria as the primary sponsor and complete a separate Affidavit of Support (Form I-864).

On the other hand, a household member lives with the primary sponsor and shares income and expenses. This person can be a relative, spouse, or even an unrelated individual. To include a household member's income in your sponsorship income paperwork, the household member must complete Form I-864A, Contract Between Sponsor and Household Member. The household member must also provide evidence of their relationship to the primary sponsor and proof of their shared residence.

Choosing the Right Sponsor for Iranian Applicants
Finding the right sponsor is crucial to the success of a green card application for Iranian applicants. Here are some tips to help you find the best sponsor for your situation:

• Start with close relatives: The sponsor is usually a close relative, such as a spouse, parent, or sibling. Begin by considering those who are already U.S. citizens or lawful permanent residents, as they are the most likely candidates to serve as your sponsor.
• Evaluate financial stability: Ensure that your potential sponsor meets the income requirements and can provide evidence of their financial stability. You want to be confident that your sponsor can fulfill their financial responsibilities throughout the sponsorship period.
• Consider the sponsor's commitment: Sponsorship is a long-term commitment, and you want to be sure that your sponsor is willing and able to fulfill their responsibilities. Discuss the sponsorship requirements with potential sponsors to ensure they fully understand their obligations' extent.
• Assess the sponsor's ability to meet obligations: Beyond just meeting the income requirements, evaluate whether the potential sponsor has a stable employment history and can maintain their income level; this can be crucial in ensuring that your green card application is successful.
• Explore joint sponsorship and household member options: If your primary sponsor does not meet the income requirements, consider whether a joint sponsor or household member could help make the difference. Discuss this option with all parties involved to ensure everyone is on board with the arrangement.

Conclusion
Understanding the role of a sponsor in the green card process is essential for Iranian applicants looking to build a new life in the United States. By carefully selecting a sponsor who meets the requirements and is committed to fulfilling their obligations, you can increase your chances of a successful green card application. Sponsorship is a long-term commitment, and finding the right sponsor is crucial to ensuring a smooth and successful immigration process.

Najmeh Mahmoudjafari, Esq.
Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law, an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Najmeh can be reached at [email protected].

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DISCLAIMER: This article is for general information purposes only. It is not intended and does not constitute legal advice. This article does not create an attorney/client relationship and does not provide an attorney/client privilege. For legal advice about your specific case, please contact an attorney.