Immigrant Visa Application at
1. Form I-864 and Public Charge
As a U.S. citizen, you should be prepared to prove that you meet the income requirement of a sponsor. When your parent has been scheduled for an immigrant visa interview with a consular officer overseas, or when your parent is about to submit an application for adjustment to permanent resident (Form I-485), you will need to complete an I-864 Affidavit of Support.
The USCIS Form I-864 - Affidavit of Support is required for family-sponsored immigration. An affidavit of support is a guarantee to U.S. government that an immigrant will not become a public charge. The affidavit could be offered by the petition sponsor or someone who could provide financial assistance to the immigrant in the event that such help would be necessary.
All petitioners, regardless of whether or not they have been working or living in the U.S. since the past three years, must submit a notarized Form I-864, Affidavit of Support, for the beneficiaries of the petitions. The determination of a possible public charge must be made in all cases. A public charge is defined as someone who cannot support him or herself, and may therefore become reliable on the adopted country - the United States.
2. Get Immigrant Visa at U.S. Embassy or Consulate
The first step in applying for an immigrant visa is for the U.S. citizen (petitioner) to file an immigrant visa petition to USCIS. Each person immigrating will be required to complete a biographic data form. The appointment for the visa interview and medical examination will be scheduled.
The Immigrant Visa Unit at U.S. embassy or consulate will process the application for an immigrant visa. While no assurance can be given regarding the appointment date of a visa interview, the alien applicant should prepare for that appointment and obtain the documents required for the visa application. When the alien applicant has obtained all of the required documents and are prepared for the interview, he or she should notify U.S. embassy or consulate.
3. How to Fill the Electronic Immigrant Visa
Application Form DS-260
4. Application Related Fees for Filing USCIS Form I-130
Immigration application related fees are charged for different
services, such as fees for Department of State government services,
fees for Visa Services, and fees for U.S. Citizenship and Immigration
Also, Form I-864 is required for most family-based immigrants and some employment-based immigrants to show that they have adequate means of financial support and are not likely to rely on the U.S. government for financial support. There is no fee when filed with USCIS or abroad with the Department of State (DOS). DOS does charge a fee when this form is filed in the U.S.
5. The Differences Between Sponsor, Joint Sponsor, and Substitute Sponsor for USCIS Form I-864 - Affidavit of Support
An affidavit of support, USCIS Form I-864, is a document an individual signs to accept financial responsibility for another person, usually a relative, who is coming to the United States to live permanently. The person who signs the affidavit of support becomes the sponsor of the relative coming to live in U.S. The sponsor is usually the petitioner of an immigrant petition for a family member. An affidavit of support is legally enforceable; the sponsor's responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or can be credited with 40 quarters of work - usually 10 years.
A joint sponsor is someone who is willing to accept legal responsibility for supporting the family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor, or the joint sponsor and his or her household, must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.
If the visa petitioner has died after approval of the visa petition but U.S. Citizenship and Immigration Services (USCIS) decides to let the petition continue, a substitute sponsor must file a Form I-864 in place of the deceased visa petitioner.
Some other eligibility requirements apply to the substitute sponsor as well. He or she must be a U.S. citizen or a lawful permanent resident of at least 18 years of age who has a domicile in the U.S. And the sponsor must be a relative of yours. In order to be a substitute sponsor, you must be related to the intending immigrant in one of the following ways: Spouse; Parent; Mother-in-law; Father-in-law; Sibling; Child (if at least 18 years of age); Son; Daughter; Son-in-law; Daughter-in-law; Sister-in-law; Brother-in-law; Grandparent; Grandchild; Legal guardian of the beneficiary.
Serving as a substitute sponsor is a primarily financial relationship, and it involves filling out an Affidavit of Support on USCIS Form I-864. The Affidavit must indicate that the new sponsor is able to support the immigrants and his/her own household, at a level that is at or above 125% of the federal Poverty Guidelines. In fact, by filing Form I-864, the substitute sponsor promises the U.S. government to pay back any need-based public assistance that the named immigrants receive for approximately the first ten years of their having a green card.
6. The Form I-485 Application and Medical Examination
Form I-485 adjustment of status application is for an applicant who is
in U.S. already on a non-immigrant visa. If your
Form I-130 application has been approved, you can submit Form
I-485 to get your Green Card. If the eligibility of your I-485
application is based on an immigrant petition, you need to attach a
copy of the approval notice for an immigrant petition that makes a visa
number immediately available to you. If your eligibility is based on
the Form I-130 approval, you need to
attach a copy of the Form I-130 approval notice. The U.S.
citizen child can also file Form I-130 and Form I-485 concurrently for
parents at the same time to speed the process.
Form I-130 approval notice. The U.S. citizen child can also file Form I-130 and Form I-485 concurrently for parents at the same time to speed the process.
The medical examination, endorsed by a civil medical doctor on Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, is a necessary part of the Green Card application process. The examination is submitted in connection with the Form I-485, to ensure that the individual does not have any "communicable diseases of public health significance", or other medical conditions that may pose a danger to the individual or to others. The medical examination includes proof that the foreign national has had vaccinations against a specified list of preventable diseases.
7. Parents Adjusting Status in U.S. to Get Their Green Card
your parents are in the United States after a legal entry with a valid
visa, as U.S. citizen's immediate relatives, it is possible for your
parents to apply for a U.S. Green Card without leaving the United
8. Working in U.S. Legally
people want to apply for U.S. Green Card for their parents, and hope it
will facilitate easy travel and long visits for their parents. But
their hope does not fit with U.S. immigration laws, which require that
the Green Card holders should make their permanent home in U.S., not in
their home country. Also, there is no minimum amount of time that a
parent can live in the United States to avoid the problem of
"abandonment of residence" of United States.
More Articles for U.S. Citizen's Parent Green Card and Immigration Application • Green Card Application for U.S. Citizen's Parent • Eligibility Requirements for Sponsoring Parents' Immigration • Immigration Application Process for a U.S. Citizen's Parent • Frequently Asked Questions of Green Card Application for U.S. Citizen's Parent • Our Help Desk's Answers for Questions of Parent's Green Card Application • Do-It-Yourself Package of Green Card Application for U.S. Citizen's Parent • U.S. Citizen's Parent Green Card and Immigration Application • Home Page
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