Generally, every family-based green card applicant must have a financial sponsor. Even if the person immigrating is financially stable or has a job waiting in the United States, it's necessary to have a qualified financial sponsor for the purpose of overcoming the economic grounds of inadmissibility. Whoever files the visa petition (such as Form I-130 or I-129F) must also agree to sponsor the beneficiary. If the petitioner does not have a sufficient income to qualify, there are options.
Table of ContentsIn order to gain entry into the United States and become a permanent resident (green card holder), a foreign national must meet certain eligibility requirements and also prove that they are not inadmissible under INA § 212(a). There are numerous grounds of inadmissibility -- economic grounds of inadmissibility is one.
The need for a financial sponsor is rooted in the requirements that a new immigrant not be inadmissible to the United States. In fact, a foreign national who is deemed to be a “public charge” is inadmissible by law. The U.S. government defines a public charge as a person who is likely at any time to become primarily dependent on the government for subsistence. Generally, subsistence includes persons who receive public cash assistance or institutionalization for long-term care at government expense. Institutionalization for short periods of rehabilitation does not constitute such primary dependence.
This immigration law helps ensure that new immigrants will not need to rely on public benefits. Examples of public benefits include food stamps, Medicaid, Supplemental Security Income (SSI), and Temporary Assistance to Needy Families. If the new immigrant uses certain cashed-based public benefits in the future, the agency that gave the benefits can require that the financial sponsor repay that money.
