Finding a financial sponsor
Q I am a U.S. citizen receiving disability benefits. How can I get a green card for my husband? My family has yet to meet him and they aren’t willing to be his financial sponsor. Inga, Boca Raton, Fla.
A If your family won’t help you, try to find a friend to sponsor your husband. The law requires that a financial sponsor be a U.S. citizen or permanent resident. Most green card applicants must prove that they will not become what the law calls a “public charge,” that is, a person likely to become dependent on the government for subsistence.
In family immigration cases, the petitioning relative must submit U.S. Citizenship and Immigration Services form I-864, Affidavit of Support, for the beneficiary of the petition, in this instance your husband. That’s true even if the petitioner has little or no income. However, the petitioner must prove sufficient income or assets are available at 125% of the federal poverty guidelines for the family unit. Usually, the family unit includes the petitioner, the beneficiaries, the petitioner’s dependents and, with a few exceptions, other individuals for whom the petitioner has filed affidavits.
Where the petitioning relative doesn’t have sufficient income or assets to support the beneficiary, the beneficiary may submit an affidavit from a friend or relative or other evidence of financial resources. You can find information tion Law Center at www.nilc.org. Go to “Issues,” then to “Economic Support.”
Q Can a green card holder return to the U.S. after two continuous years abroad? C.M. by Twitter
A Maybe. After being abroad for more than one continuous year, a green card is no longer a valid entry document. To reenter, permanent residents must prove they did not abandon their U.S. residence and their stay abroad was beyond their control. They can present proof at a U.S. Consulate abroad and apply for a special immigrant/returning resident visa. Or, they can travel to the U.S. and present their proof to a Customs and Border Patrol officer when applying to enter the U.S. Customs and Border Patrol can waive the visa requirement.