Sponser Qualifications

As part of the process of reviewing a marriage green card application, U.S. Citizenship and Immigration Services (USCIS) requires a background and security checks on those who seek a green card as well as their spouse. If you do not have a criminal background, then you have nothing to worry about as the spouse or sponsor. However, if you do have a criminal record, it can be detrimental to the possibility of getting your citizenship. A criminal record of any kind can be cause for denial for the intended party. 

Under United States Immigration laws, crimes committed against children and minors are considered immediate and automatic disqualifications for eligibility. Offenses listed in Adam Walsh Child Protection and Safety Act are specific.

Part of the Immigration and Nationality Act, Section 204(a)(l)(A)(viii), shown here are:

  1. Kidnapping offenses that does not involve the parent or the guardian of the child.
  2. False Imprisonment offenses where the actual parent or guardian are not involved.
  3. Sex Crimes involving minors including lude conduct and solicitations of minors.
  4. Any sexual offense involving underage children and minors.
  5. The engagement and solicitation for paid sex acts (prostitution)
  6. Any form of digital voyeurism, including video as per US code.
  7. Any offense or crime that includes any form of child pornography.
  8. Criminal acts or offenses involving sexual conduct with underage children and or minors, including in all digital and electronic communication and forms, i.e, computer, and internet facilitation of such conduct.
  9. Any sexual offense involving underage children and minors.

If any criminal offense currently on the record does not include any of the above referenced offenses, immediate disqualification does not apply.

How to establish a marriage form

First, you start off by filing a I-130 form, otherwise known as a petition for alien relative. The main purpose of the I-130 is to show proof of marriage. 

Forms needed with filing an I-130 are:

  • Financial documents
  • Marriage certificate
  • Birth certificate
  • Proof of sponsors U.S. citizenship or permanent residence
  • Court, Prison and Police records (If applicable)
  • Proof of U.S entry (lawful) and status (If applicable)
  • Police clearance paperwork (If applicable)
  • Military records (If applicable)
  • Current/ expired U.S. Visa(s)
  • Immigration violation records (If applicable)
  • Prior marriage termination papers (If applicable)

Critical elements needed to file for I-130 petition:

  • A Government filing fee of $535
  • Submission of Proof of citizenship/residence from the intended sponsor and or spouse.
  • Proof that a legally valid marriage exists. (For example, a marriage certificate showing date, time and place of marriage.) 
  • Proof that the marriage is not fraudulent (For example, joint bank accounts, joint lease, joint car loan, pictures together etc.)
  • Proof of termination of previous marriage with divorce paperwork on either side. 

To schedule a consultation with Zavala Immigration please call or contact our office today and we will be more than glad to assist you with your immigration needs.