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Who can be a sponsor for a family based immigration petition?

Updated: Mar 20, 2022

A U.S. citizen or Lawful Permanent Resident can sponsor an intending immigrant in a family based immigration petition as long as they follow certain legal obligations.


This requirement stays in place until the Beneficiary has become a USC or has worked win the U.S. for 40 qualifying quarters. The individual who signs the affidavit of support can become the sponsor once the intending immigrant becomes an LPR.


A U.S. citizen (USC) or Lawful Permanent Resident (LPR) can be a sponsor for a family based immigration petition. Specifically, such USC or LPR can sponsor a husband/wife, unmarried children under 21 years old, unmarried son or daughter over 21 years old, married son or daughter or any age, brother(s) or sister(s) (as long as the intending sponsor is at least 21 years old), and mother or father (as long as the intending sponsor is at least 21 years old). The sponsor must meet certain legal requirements, however, such as that they are required to carry out a legally binding affidavit of support for the Beneficiary (person who the immigration petition is being filed for) in which they agree to maintain a standard of living of the Beneficiary that does not reach a level lower than 125% of the national poverty level. In other words, the sponsor agrees to use their financial resources to support the Beneficiary throughout the duration of their sponsorship.

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