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Immigration Lawyer
San Diego

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When employers or family members take on the role of sponsor for an immigrant seeking status as a lawful permanent resident of the United States, they agree to take on several responsibilities that are legally binding. Therefore, it is vital for those considering sponsorship to be fully aware of not only the requirements and procedures involved, but also their legal duties.

The responsibilities and obligations of a sponsor in San Diego are crucial to understand as failure to meet these duties could have negative effects on all parties involved. Our dedicated visa attorneys could further explain these duties as well as handle any challenges that may arise during this process.

What it Means to Be a Sponsor

Immigration status as a legal permanent resident (LPR) are typically granted either through employment or a family connection. So, depending on whether a family member or company sponsors an immigrant in San Diego, the responsibilities and obligations differ.

It is important to note that in any sponsorship situation, the obligations are considered legally binding and there can be severe consequences if the sponsorship duties are not fulfilled to either the satisfaction of the immigrant or of the U.S. government. In essence, a sponsor is pledging to provide financial support to the immigrant, either directly or through employment, so that the immigrant does not have to rely on government benefits to meet basic living needs. The procedures and responsibilities vary depending on whether the visa is based on status as an employee, family member, adopted child or refugee.

The Responsibilities of Employers Sponsoring Workers

Many employers seeking to sponsor an employee or prospective employee for LPR status or another type of visa must obtain certification from the U.S. Department of Labor before beginning the visa process. The certification process can be lengthy and costly and if an employer fails to cover all costs, fines or other consequences may be assessed.

In addition to paying any necessary certification costs, an employer must also file and pay the fees associated with the petition for the Immigrant Petition for Alien Worker (form I-140) with U.S. Citizenship and Immigration Services (USCIS). While the worker's family may also be eligible to receive LPR status, the employer is not obligated to pay the costs associated with their applications.

One of the main responsibilities that an employer in San Diego has when sponsoring an immigrant is demonstrating an ability to pay that worker the prevailing wage for that job in the location where it will be performed. Then they must pay at or above that rate. While at this time there is no minimum required duration of the employment relationship, if the employee leaves employment soon after receiving LPR status, the sponsorship could appear fraudulent and may result in investigation from USCIS.

The Obligations of Those Sponsoring Family Members

The arrangement for those sponsoring an immigrant for a visa based on family relationship is based on the Affidavit of Support. With this document, the sponsor pledges to provide financial support for the immigrant for a substantial length of time—usually until the immigrant either becomes a citizen or until they have accumulated at least 40 quarters of Social Security work credit, which takes about ten years.

The Affidavit or Support is a legally binding contract enforceable in a court of law. The obligations of a sponsor in San Diego to provide support continue even when circumstances change. For instance, if a citizen sponsors their spouse and the couple later divorces, the sponsorship obligations remain in place.

Contact a San Diego Attorney About the Duties of an Immigration Sponsor

Because there are potentially severe consequences for failing to meet the responsibilities and obligations of a sponsor in San Diego, those who are considering sponsorship are advised to consult an experienced immigration attorney. Our team could work hard to ensure that all parties understand this relationship and the requirements are properly fulfilled. To learn more, call Hacking Immigration Law, LLC.

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a HIL immigration attorney in
San Diego

Navigating the maze of U.S. immigration law can be tricky for anybody, especially if English is your second language or you have unique circumstances motivating you to move here. Fortunately, if you are unsure about any areas of immigration or the naturalization process, help through an immigration lawyer (San Diego) is available at the Hacking Immigration Law LLC.

Retaining one of our dedicated San Diego immigration lawyers could help you both with USCIS and other U.S. immigration authorities. To find out how immigration attorneys could help you with your specific case, call us today to schedule a consultation.

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Got Questions? We’ve Got Answers

The attorneys at the Hacking Immigration Law are dedicated to helping the foreign-born people of St. Louis to live and work in the United States. This dedication is reflected in the kind and grateful words of the clients they have helped. Read what others have to say about the hard work that the Hacking Immigration Law has done to help those in St. Louis.

Does paying for premium processing on an H1B case mean I will find out sooner if our case was selected in the lottery?

Premium processing is an add-on service that USCIS offers for a variety of immigration cases, primarily in the employment-based visa categories.Premium processing costs an additional $1225 in USCIS filing fees.

What is the H-1B visa lottery and how does it work?

In 2014, USCIS received more than 172,000 H-1B visa applications on the April 1st deadline, exceeding Congress’s cap by 87,000 applications.

May an unmarried son or daughter of a lawful permanent resident keep their F2B classification after their sponsoring parent naturalizes?

The immigration laws treat the adult, unmarried children of citizens differently than the adult, unmarried children of lawful permanent residents.

What is the "newspaper of general circulation" for PERM job postings?

The Department of Labor requires employers to advertise positions that they intend to submit a PERM application on to publish the job position in the local newspaper of general circulation.

Can I Apply for Citizenship if I Lost My Green Card or It Expired?

In the past, USCIS and some immigration attorneys believed that you could not become a naturalized citizen if you did not have a valid green card (LPR) card to bring with you to your naturalization interview.

Is there such a thing as expedited removal of an immigrant and, if so, what is it?

Most people believe that removal orders or “deportation” orders only happen when you go to the immigration court and see an immigration judge. Unfortunately, this is not the case.

Does testing positive for HIV make someone inadmissible to the United States?

On January 4, 2010, the United States officially removed Human Immunodeficiency Virus (HIV) infection from the list of “communicable diseases of public health significance” that make an individual ineligible for admission to the United States.

Are there any special visas for translators who assisted US forces in Afghanistan or Iraq?

Under United States immigration law, there are two Special Immigrant Visas available for Iraqi citizens or nationals who have worked for the United States.