December 2nd, 2023 at 03:16 am
US Family-Based Green Card Sponsorship – US Immigration December 2023
Eligibility for a family-based green card sponsorship based on US domicile. Most applications submitted on behalf of foreign relatives. The petitioner must act as the intended immigrant’s financial sponsor under Form I-130. One of the prerequisites for becoming a sponsor is that the applicant must be a US citizen.
While proving a US domicile might not be difficult for a petitioner who lives in the US permanently, those who live overseas will probably need to take further measures to meet this criteria.
US Domicile Requirement
When someone has a US domicile, it indicates that they plan to live in the US for the foreseeable future and that it is their primary place of abode. Although having US citizenship or lawful permanent residence status does not automatically satisfy the requirement of having a US domicile, there are situations in which a joint sponsor can relieve a primary sponsor of their financial obligations, as detailed in the murthy.com news brief 2023 poverty guideline.
Impacts on Affidavits of Support
The need to have a US domicile for a primary sponsor is not waived by a joint sponsor.
Maintaining US domicile when temporarily living abroad
Even if they live abroad, a US citizen or Lawful Permanent Resident (LPR) may continue to reside in the US. If a US citizen is working in a qualifying job while temporarily residing overseas, they may be able to keep their US domicile.
Working for the US government, a US-recognized research institution, the Department of Homeland Security (DHS), a US business promoting international trade with the US, certain public international organizations, and certain religious professions like minister, priest, or missionary are among them.
If an LPR has an accepted N-470 application to preserve residents for naturalization reasons, they can also continue to dwell in the US while they are temporarily abroad.
Establishing a US Domicile after a prolonged residence abroad
An individual may still file an immigrant petition on behalf of a family member if they are a US citizen or lawful permanent resident (LPR) residing overseas, but they will eventually need to establish a US abode to be eligible to serve as a sponsor.
Under Section 213(a) of the Immigration and Nationality Act (INA), the petitioner may sign and file a form I-864 Affidavit of Support on behalf of the beneficiary if they can show that they will establish a US domicile before the beneficiary adjusts status or admission to the US as a lawful permanent resident.
When a sponsor travels to the United States to settle there with a beneficiary, the sponsor may be considered to have fulfilled the US domicile criterion at that point. Before entering the US with a beneficiary and before the beneficiary’s status is adjusted, if applicable, a sponsor who resides overseas frequently needs to provide proof of the establishment of or intention to establish a US abode.
To be eligible as a sponsor for the US, one must provide Department of State Foreign Affairs manual proof of having or planning to create a US domicile. This proof can take several forms, such as financial transfers to or investments made in the US via a US bank account. Even though it is sometimes disregarded, registering children in US schools, obtaining a social security number, or registering to vote in US elections with US residency is necessary to be eligible to serve as a sponsor.
Even though many petitioners can readily prove they are residents of the US, things are not always so simple, especially if the petitioner is residing overseas. If someone is unsure about this crucial requirement for being a sponsor and is having doubts, they should get case-specific legal counsel.
DHS Announces Countries Eligible for H-2A and H-2B Visa
The H-2A and H-2B Visa programs’ qualifying nations are announced by DHS. Following consultation with the Department of State (DOS), the Department of Homeland Security (DHS) has released the list of nations whose citizens can take part in the H-2A and H-2B Visa programs in the upcoming year.
On November 9, 2023, a notice listing the qualified nations was published in the Federal Register. Include Bolivia on the list of nations that can take part in the H-2A and H-2B programs. The list of eligible countries provided below. DHS retains the right to modify the lists of eligible countries at any time.
DHS and DOS assess that a country does not meet the standards for continuous designation by publishing a notice in the Federal Register. Fraud, abuse, non-immigrant visa overstay rates, and other instances of non-compliance with the terms and conditions of the H2 Visa programs by nationals of that country that are against US interest are examples of factors that could result in the exclusion of a country or its removal from the list.
H-2A and H-2B Visa Programs
Employers in the US can hire foreign nationals for temporary positions in agriculture and non-agricultural fields, respectively, through the H-2A and H-2B Visa programs. Only nationals of nations that the Secretary of Homeland Security has identified as eligible to participate in the programs may have their H-2A and H-2B petitions approved by USCIS.
On a case-by-case basis, USCIS may grant H-2A and H-2B petitions, including those pending as of the Federal Register notice publication date, for citizens of nations not on the lists, provided that doing so deems in the best interests of the United States.
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