Questions and Answers: Appeals and Motions | USCIS

What are the responsibilities of a sponsor?

A sponsor has to sign a legal affidavit of support for the Beneficiary, Where he or she gives consent that he or she will support the intending immigrant financially. This responsibility continues until the Beneficiary becomes a U.S. citizen or has worked in the United States for 40 qualifying quarters (about 10 years).

What relatives a U.S, Citizen can sponsor?

A U.S. citizen may petition for a green card for the following relatives:

• Husband or wife;

• children, whether married or unmarried, no matter what age;

• Brother or sister, if you are at least 21 years old; or,

• Parent, if you are at least 21 years old.

What relatives a U.S Permanent resident can sponsor?

A lawful permanent resident can sponsor the following relatives:

• Husband or wife;

• Unmarried children.

What documents are required to apply for permanent residency for a relative?

To sponsor an alien relative, you need the following documents:

• Proof of U.S. citizenship or naturalization certificate (If US Citizen is sponsoring)

• U.S. passport,

• Birth certificate

• Green Card (If you are a Lawful permanent resident).

• Proof of qualifying relationship, such as with a marriage certificate, birth certificate, adoption papers, and divorce papers or death certificates from previous marriages.

• Evidence of Financial support such as tax forms, proof of employment, and bank statements.

• You may require some other depending on your particular circumstances. An attorney is the best one to guide you about the documents required in your case, as each case and its circumstances are different.

How can one start the green card process for a family member, who is staying in the United States in a different status?

Being a U.S. citizen, you can file an I-130 immigrant petition for your family member for example spouse or You can file an application of adjustment of status on her behalf at the same time. But if you are a permanent resident, you may file the I-130 immigrant petition. For the family member, you will petition has to wait for an immigrant visa to become available in the second preference category. Once the visa number becomes available, your family member will be able to apply to adjust status. It is equally important that during this waiting period, your family member for whom you have filed a petition continues to maintain a valid nonimmigrant status.

What is “Proving relationship through DNA” and When does this happen?

This matter of proving relationship through DNA is coming up more frequently in family-based immigration petitions nowadays. When US Consulate or USCIS at the time of Interview, doubts about your biological relation then they put RFE and ask for DNA report. Guideline in this regard is provided in a letter form, which explains how DNA will be conducted, but still many applicants get confused as it has vast formalities to do, like which lab to choose? From where you can save money? How to follow up to know the update about your DNA kit and DNA report? You can contact our team of F4 India, as we have good experience in this processing of getting the DNA report done.

What is the process after getting an immigrant visa?

Once you have been awarded with immigrant visa in U. S. under the processing of adjustment of Status, your next step would be making an info pass appointment and get the passport stamped for temporary proof of green card. The applicant will be allowed to travel with that. Normally, the physical Green Card takes a few weeks, we are not talking about Social security Number here, as that will eventually.

If you are getting an immigrant visa under consular processing than the visa will be placed on a page in your passport and as you will receive it the first task would be to check the printed information, just to make sure there are no errors but If you find any spelling or biographical related errors, contact the embassy or consulate immediately. If we talk about the next step then that is traveling, so you must arrive in and apply for admission to the United States before the visa expiry date printed on your visa, which is valid for up to six months from the date of issuance.

Please note that while entering into the United States, the primary (or principal) applicant has to enter before or at the same time as derivative family members.