Can a Grandparent Be a Financial Sponsor if the Mother Gets Deported?
An old saying suggests that grandchildren are nature's compensation for old age. Most grandparents can't resist spoiling their grandchildren and would do just about anything for them. American grandparents want to ensure that grandchildren who were born outside the U.S. can obtain U.S. residency so they can visit Grandma and Grandpa. If the children's mother gets deported before the children become permanent residents, there are limited ways that grandparents can help.
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Family Immigration
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A parent who is a U.S. citizen or permanent resident can petition for her child to become a permanent resident. If a mother is subject to deportation to her native country, she most likely has an issue with her immigration status that prevents her from obtaining permanent residency for her child. If the child's father is a U.S. citizen or permanent resident, he can file a petition for the child to obtain legal residency status. A grandparent -- even if the grandparent is a permanent resident or U.S. citizen -- cannot file a petition on behalf of a grandchild or be the child's financial sponsor. However, maternal grandparents can petition for their daughter, the child's mother, to become a permanent resident, and she can then petition on behalf of the children.
Financial Sponsorship
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When a petitioner asks the government to grant resident status for his natural child, step-child or adopted child, he must agree to provide financial support for the child. A father who wishes to legalize his child's immigration status must sign an affidavit of support in which he swears under penalty of perjury that he has adequate income to support the child and that he will support the child. The obligation to support an immigrant ends when the child becomes a citizen or has worked for 10 years in the U.S.
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Joint Sponsor
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A grandparent cannot be a financial sponsor for a grandchild. However, a grandparent can be a joint sponsor with the child's primary sponsor. A joint sponsor must have an income of at least 125 percent of the poverty level. If the grandparent becomes a joint sponsor, she assumes the same responsibilities as the primary sponsor; that is, she is legally responsible for her grandchild's support until the grandchild becomes a citizen or completes 10 years of employment in the U.S.
Substitute Sponsor
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One circumstance under which a grandparent can become a sponsor is through substitute sponsorship. If a parent who petitioned for a child to become a permanent resident dies before the process is complete, a grandparent can apply to stand in the parent's shoes as a substitute sponsor. Like a joint sponsor, a substitute sponsor must be a U.S. citizen or permanent resident, must live in the U.S., must meet the qualifications to be a primary sponsor and must assume the obligations of a primary sponsor.
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