Q: Under form I-864, are there any restrictions on whether people with past felonies can act as a Joint Sponsor?
A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support
Under the Adam Walsh Act, one such requirement is that the petitioner must pose no risk to the safety or well-being of the beneficiary, which includes the principal beneficiary and any alien derivative beneficiary. Factors that should be considered include, but are not limited to, the following:
· The nature and severity of the petitioner’s specified offense(s) against a minor, including all facts and
circumstances underlying the offense(s);
· The petitioner’s criminal history;
· The nature, severity, and mitigating circumstances of any arrest(s), conviction(s), or history of alcohol
or substance abuse, sexual or child abuse, domestic violence, or other violent or criminal behavior that may
pose a risk to the safety or well-being of the principal beneficiary or any derivative beneficiary;
· The relationship of the petitioner to the principal beneficiary and any derivative beneficiary;
· The age and, if relevant, the gender of the beneficiary;
· Whether the petitioner and beneficiary will be residing either in the same household or within close
proximity to one another; and
· The degree of rehabilitation or behavior modification that may alleviate any risk posed by the petitioner
to the beneficiary, evidenced by the successful completion of appropriate counseling or rehabilitation
programs and the significant passage of time between incidence of violent, criminal, or abusive behavior
and the submission of the petition.
IF you have any questions as to whether the felony in this joint sponsor's situation would cause a problem, you should consult with an experienced immigration attorney. Best wishes!
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