Can a Convicted Criminal
Sponsor His Relative for an U.S. Immigration Application?

Help Desk:

I have a simple but important question to ask: as a U.S. citizen, can a convicted criminal sponsor his relative for an U.S. immigration application? Thank you.


As a US citizen, you can sponsor an alien for U.S. Green Card application for the the immediate relatives of a U.S. citizen, such as: parents, spouses and children (who are unmarried and under 21 years of age) of a U.S. citizen. You can also sponsor married sons and daughters of U.S. citizens; and brothers/sisters of U.S. citizens, including their spouses and their minor children. 

But as a convicted criminal, most likely you are in jail, with little or no income. So it is difficult for you to "sponsor" an alien financially. The USCIS Form I-864 - Affidavit of Support is required for family-sponsored immigration. An affidavit of support is a guarantee to U.S. government that an immigrant will not become a public charge. The affidavit could be offered by the petition sponsor or someone who could provide financial assistance to the immigrant in the event that such help would be necessary. All petitioners, regardless of whether or not they have been working or living in the U.S. since the past three years, must submit a notarized Form I-864, Affidavit of Support, for the beneficiaries of the petitions.


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