Navigating the complexities of U.S. immigration law can be daunting, especially when it comes to sponsoring family members. Understanding who qualifies to sponsor relatives and the requirements involved is crucial for a successful immigration process. At Pozo Goldstein, LLP, a leading New York immigration law firm, we specialize in guiding clients through these intricacies to reunite families. This article will provide an overview of family immigration sponsorship and highlight how our experienced attorneys can assist you every step of the way.

Eligibility for Sponsorship

U.S. Citizens: U.S. citizens have the broadest ability to sponsor family members. They can sponsor:

1. Immediate Relatives:
   • Spouse
   • Unmarried children under 21
   • Parents (if the sponsor is over 21)
2. Other Family Members:
   • Unmarried children over 21
   • Married children of any age
   • Siblings (if the sponsor is over 21)

Lawful Permanent Residents (Green Card Holders): Lawful permanent residents have more limited sponsorship options compared to U.S. citizens. They can sponsor:

1. Spouse
2. Unmarried children under 21
3. Unmarried children over 21

At Pozo Goldstein, LLP, our New York immigration lawyers can help you understand which family members you can sponsor and guide you through the application process to ensure all requirements are met.

The Sponsorship Process

The family immigration sponsorship process involves several steps:

1. Filing the Petition: The sponsoring family member must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the sponsor and the beneficiary.
2. Approval and Visa Availability: Once USCIS approves the petition, the beneficiary must wait for a visa to become available. Immediate relatives of U.S. citizens have visas available immediately, but other categories may experience significant wait times due to annual visa caps.
3. Consular Processing or Adjustment of Status:
   • If the beneficiary is outside the U.S., they will go through consular processing at a U.S. embassy or consulate.
   • If the beneficiary is already in the U.S., they may apply for an adjustment of status to become a lawful permanent resident.

Throughout these steps, having a knowledgeable attorney from Pozo Goldstein, LLP can make a significant difference. Our team will ensure that all forms are correctly completed, deadlines are met, and any potential issues are promptly addressed.

Affidavit of Support

Sponsoring a family member also requires demonstrating financial capability. The sponsor must file Form I-864, Affidavit of Support, to show that they can financially support the immigrant. This document is legally binding and obligates the sponsor to maintain the immigrant at a level above the U.S. poverty line.

Understanding and preparing the Affidavit of Support can be challenging. At Pozo Goldstein, LLP, our New York immigration lawyers have extensive experience in preparing these documents to ensure they meet all legal requirements and help avoid potential delays or denials.

Special Considerations

Fiancé(e) Visas: U.S. citizens can also bring their fiancé(e) to the U.S. using a K-1 visa. The couple must marry within 90 days of the fiancé(e)’s arrival, after which the new spouse can apply for adjustment of status to become a lawful permanent resident.

Conditional Residents: If the marriage is less than two years old at the time of granting permanent residence, the immigrant spouse will receive conditional resident status. To remove these conditions, the couple must jointly file Form I-751 within the 90-day period before the two-year anniversary of receiving conditional status.

Pozo Goldstein, LLP’s experienced attorneys can assist with these unique situations, ensuring all requirements are met and guiding clients through the entire process.

Why Choose Pozo Goldstein, LLP?

Navigating family immigration sponsorship is complex, with many potential pitfalls. The experienced team at Pozo Goldstein, LLP, understands these challenges and is dedicated to providing personalized legal support. As a leading New York immigration law firm, we offer:

• Expertise: Our attorneys have decades of combined experience in immigration law, including former immigration prosecutors and a former judge on staff.
• Personalized Service: We take the time to understand your unique situation and tailor our services to meet your needs.
• Proven Success: We have a strong track record of successfully reuniting families through immigration sponsorship.

Contact Pozo Goldstein, LLP

If you are considering sponsoring a family member for immigration, contact Pozo Goldstein, LLP for expert guidance. Our New York immigration lawyers are here to help you navigate the complexities of the process and achieve the best possible outcome for your family. Don’t leave your family’s future to chance. Reach out to Pozo Goldstein, LLP today for a consultation and take the first step towards reuniting with your loved ones. Call Pozo Goldstein, LLP today at (212) 201-9031.