Green Card Sponsor
If you are looking for a green card sponsor, you may be wondering if you can use the person you have in mind. Here are some examples of who to pick and who not to pick as described by our Morristown immigration attorney.
Green Card Sponsor | Father Not on Birth Certificate
If your father is a U.S. citizen or green card holder, he can sponsor you for a green card. This is the case even if his name isn’t on your birth certificate. In this situation, you might need to provide a DNA test, and evidence that you have had an emotional relationship. Cards or letters, money orders, or other forms of documented communication would count.
Green Card Sponsor | Stepparents
In this case, the determining factor is when your biological parent married your stepparent. If you were under 18 when your biological parent married your stepparent, then your stepparent can sponsor your green card application – even if you’re currently over 21.
Green Card Sponsor | Employers
For an employer to sponsor a foreign national for a green card, the employer would have to demonstrate inability to find a qualified U.S. worker. The employer may demonstrate this by running ads in a local paper. The employer then must demonstrate the ability to pay your wage, generally by presenting tax returns.
Green Card Sponsor | Someone with Criminal History
A U.S. citizen’s criminal history will not affect his or her ability to sponsor someone for a green card, unless a court convicted the person of a crime that falls under Megan’s Law. Megan’s Law is a federal policy requiring authorities to make certain information about sex offenders publicly known. A registered sex offender cannot sponsor a green card application unless that individual has undergone rehabilitation and can offer evidence that he or she will not harm the party seeking sponsorship. This decision is entirely at the discretion of immigration officials. If this concerns you, seek counsel from an experienced immigration attorney, and perhaps a criminal defense attorney.
Green Card Sponsor | Sponsor a New Spouse
If you got a green card through marriage, there is a five-year freeze on your ability to sponsor a subsequent spouse. You can request that USCIS lift this restriction, but you would have to provide evidence that your marriage was in good-faith. Generally, this means producing birth certificates of children born into the marriage. You might also secure a waiver if the spouse who sponsored you is deceased. If you did not have children and the divorced spouse who sponsored you is alive, you will have to wait five years before sponsoring a new spouse for a green card.
If you are looking for legal guidance to help pick your green card sponsor, please call our office today to speak with our Morristown immigration attorney Susan Scheer.