Understanding the Risks of Sponsoring an Immigrant: A Comprehensive Guide - Tadeo & Silva Immigration Attorneys (2024)

Sponsoring an immigrant to the United States is a generous and life-changing gesture. It’s a commitment that involves more than just supporting a visa application; it’s a legally binding pledge to the U.S. government, ensuring that the immigrant will not become a public charge.

Understanding the liabilities and financial responsibilities involved is crucial, as it can affect both the sponsor’s and the immigrant’s future. As sponsors, individuals agree to provide financial support and ensure the immigrant has the means to live without depending on government welfare programs.

At Tadeo & Silva Law, we recognize the compassion behind each decision to sponsor a family member for a green card or U.S. citizenship. However, we also know that the decision comes with significant legal responsibilities that should not be underestimated. Our team is dedicated to guiding families through the nuanced immigration regulations, ensuring they are fully informed of the potential consequences and requirements of sponsorship. We believe that families belong together, and our role is to facilitate this process with legal precision and personalized attention.

If you’re considering sponsoring a relative for permanent residency or are curious about your existing obligations as a sponsor, we invite you to reach out to us. Our years of experience in handling family-based immigration matters have equipped us with the tools to protect your interests and help build a secure future for your family here in the United States. Let our proficient and caring legal team at Tadeo & Silva Law support you in this important step toward reuniting your family with confidence.

Understanding the Risks of Sponsoring an Immigrant: A Comprehensive Guide - Tadeo & Silva Immigration Attorneys (1)

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Understanding the Risks of Sponsoring an Immigrant: A Comprehensive Guide - Tadeo & Silva Immigration Attorneys (2024)

FAQs

What are the negatives of sponsoring an immigrant? ›

Liabilities of Sponsoring an Immigrant
  • Risks from the Immigrant. ...
  • Immigrant May Sue You for Financial Support. ...
  • Sponsorship is not Necessarily Terminated by Divorce. ...
  • Risk from the Government. ...
  • US Government May Sue You for Reimbursem*nt. ...
  • USCIS May Fine You. ...
  • The Opportunity Cost. ...
  • The Additional Cost in a Worst Case Scenario.
May 31, 2024

What are the liabilities of financially sponsoring an immigrant? ›

A sponsor is liable for the intended immigrant until one of the following events occurs:
  • The immigrant successfully becomes a U.S. citizen.
  • The immigrant earns approximately ten years of credited work toward social security (40 quarters).
  • The immigrant permanently leaves the U.S. or dies.

How long is a sponsor liable for an immigrant? ›

An Affidavit of Support is legally enforceable. The sponsor's financial responsibility usually lasts until the applicant either becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work (usually 10 years) under the Social Security Act.

How much money does a sponsor need for immigration? ›

2024 Minimum Annual Income Requirements for Most Sponsors: 125% of Federal Poverty Guidelines
Number of people in your household (including yourself and your spouse)*For sponsors in the 48 contiguous states, D.C., and U.S. territoriesFor sponsors in Alaska
8$65,900$82,400
For each additional person, add:$6,725$8,413
6 more rows
Mar 1, 2024

What is the dark side of sponsorship? ›

The dark side of sponsorship occurs when the relationship is not working for either the sponsor or sponsee. It can be inflicted either by the sponsor, the sponsee or both of them.

Can you back out of sponsoring an immigrant? ›

If you want to withdraw your sponsorship of an immigrant who has not yet become a lawful permanent resident, you need to send a written request to USCIS. In the letter, you must explain your reasons for withdrawing your sponsorship and provide evidence to support your decision.

Are you responsible for medical bills if you sponsor someone? ›

The sponsor is not responsible for any debts that the immigrant might incur. This includes all types of debt (credit card, medical, student loan, etc). Even if the immigrant is sued by a creditor or files bankruptcy, the sponsor will not be affected.

Does sponsoring an immigrant affect buying a house? ›

While sponsoring an immigrant doesn't mean you can't qualify for a mortgage, it can impact your overall financial situation depending on the level of financial support the immigrant requires.

What are you responsible for when sponsoring an immigrant? ›

When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s), generally until they become U.S. citizens or are credited with 40 quarters of work.

Can I sue my immigration sponsor? ›

The statute provides that the affidavit is legally enforceable against the sponsor in actions brought by either the sponsored immigrant or a federal, state, or “other entity.” In other words, the sponsored immigrant can sue the sponsor to enforce the maintenance agreement.

How many years of taxes do you need to sponsor an immigrant? ›

How Many Years of Tax Returns Are Required? For Form I-864, the U.S government requires proof of tax filing for the most recent filing year (typically the previous calendar year). Note that the the sponsor (and co-sponsor if any) has the option to provide tax filings from the past 3 years.

What happens if you break sponsorship? ›

If your sponsor has sent in the sponsorship application, but it is not yet final or approved, you are also at risk of deportation. If your relationship breaks up before your application is finalized, your sponsor can withdraw the application and you will not be granted permanent residence.

What can go wrong when sponsoring an immigrant? ›

Legal Risks
  • Affidavit of Support: A legally enforceable contract with the U.S. government.
  • Income Requirements: Sponsors must prove income at least 125% above the federal poverty line.
  • Reimbursem*nt: If the immigrant receives certain public benefits, the sponsor may need to reimburse these costs.
Feb 23, 2024

What happens if you don't make enough money to sponsor an immigrant? ›

If you do not meet the financial qualifications, the income of certain other household members can be added to your income level if they sign a contract on Form I-864A, Affidavit of Support Contract Between Sponsor and Household Member, agreeing to make their income or assets available for the support of the relative ...

What is the minimum income to sponsor an immigrant in 2024? ›

I-864P, 2024 HHS Poverty Guidelines for Affidavit of Support
Sponsor's Household Size100% of HHS Poverty Guidelines*125% of HHS Poverty Guidelines*
2$23,500$29,375
3$29,690$37,113
4$35,880$44,850
5$42,070$52,588
5 more rows
Mar 1, 2024

How can sponsorship have a negative impact? ›

Disadvantages for sport

A performer can become reliant on a particular sponsor, which could then pull out. Some sponsorship (for example, alcohol) gives a bad image to sport. Generous sponsorship is only available to the elite few. Performers, teams and events can be manipulated or exploited to suit the sponsor.

What do I need to know before sponsoring an immigrant? ›

All sponsors must be U.S. citizens or permanent residents, be at least 18 years old, and be living in the United States (including territories and possessions) when they file the affidavit of support.

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