Sponsoring A Relative

Deciding to sponsor your relative to come to the United States is a decision you should make as soon after arrival as possible. To sponsor a relative, you should work with your caseworker to fill out the appropriate forms. It is best to file these forms through the IRC office, because even one small error on a form can cause a delay or, at worst, make someone ineligible. Even if your relative is selected for resettlement, he or she can still decide not to come.

As you have learned, there are many difficulties encountered during your initial months in the United States . While IRC will provides core and other services, you will also be responsible for assisting your relatives during their resettlement if you choose to sponsor them as anchor cases. If you cannot assist them, this does not mean that they will not come to the United States . This means they may be sent to a different city as a free case. Your decision or inability to assist them does not jeopardize their processing. It is very important that all refugees consider, as soon as possible after arrival, whether they are eligible and if so what papers they should file for relatives overseas who are also seeking refugee status in the United States . Clients should contact their caseworker as soon as possible to get further information.

Why should I file soon?

Caseloads change over time. Fewer categories of relatives may be admitted, fewer numbers of people may be admitted, or a caseload for a country may be closed. In special cases of spouses and unmarried children under 21, it is important to file as soon as possible. The processing time period can take many months or even years. The sooner you begin the process, the shorter the wait will be.

What papers should I file?

Please refer to the following sections to take a quick of the papers you should file, then come to IRC to see your caseworker. If you were not resettled by the IRC, we can still file the paperwork for you.

Brief Overview of Family Reunification petitions

I-730: Sometimes referred to as a “Visa-93 or Visa 92”. You can file this petition for a spouse and unmarried children under 21 (see also the follow-to-join procedure below).

Key Points:

• The applicant (refugee) must be the Principle Applicant of the original refugee case. A caseworker can ascertain whether the refugee was the Principle Applicant.
• The applicant's children must be unmarried and under 21. The children must be under 21 when they ARRIVE in the United States . If the child will be turning 21 in the next year, the applicant should immediately discuss this option with the caseworker.
• A separate application must be submitted for each relative.
• Applicants have two years from their dare of arrival to file for this benefit.
• The relationship must have existed the day the applicant arrived in the United States (the applicant cannot leave the country after the original entry, marry overseas, and then return to apply).
• A photograph of the relative must be submitted.
• Marriage certificate and birth certificate copies must be submitted.
• The Visa-93 application is first sent to the BCIS in Nebraska . When it is approved, the notice will be sent to The National Visa Center in New Hampshire . From there it will be sent to a U.S. Embassy overseas and the relative or a processing agency with contact with the relative will be informed of the approval. An approval notice will be sent to the applicant.
• Contact the caseworker to check about the latest time frame for the V-93 decisions.
• This is a form that is created by the Immigration and Naturalization Service.

Affidavit of Relationship (AOR): Sometimes referred to as an “AOR”. You can file this petition for relatives who fit into the Processing Priorities as defined by the U.S. Department of State and who have reason to believe that they could fall under the definition of a refugee. These definitions change each year, so make sure the latest information is available.

This document is filed if the refugee's relatives are under categories defined by the U.S. Processing Priorities.

Key Points:

• This affidavit states the relationship that the refugee has with the overseas family and provides some basic information to the overseas processing post about that family.
• The family overseas must pass an interview with the INS and state their claim as a refugee. Even if the affidavit is true the INS has the right to deny the case if it is determined that the family is not in need of resettlement.
• An AOR is sent to the agency headquarters in New York and directly to the overseas processing post from there.
• The refugee that filed the AOR will be asked to assume some responsibility in the resettlement of the relatives when they arrive. After the case is approved, papers will be sent to the Atlanta office and the refugee must sign a “statement of responsibility” which clearly outlines what the agency and refugee agree to do for the case. If the refugee does not sign a statement of responsibility the case will still be processed for resettlement, but there is no guarantee that the case will be resettled in the same location.
• By filing an AOR with a particular agency, the refugee wishes to have the relatives placed in the same location and to be resettled by the agency accepting the AOR

Remember, the most important thing is to send the affidavit for the relatives as soon as possible so that they can have their names on the records and get the process started.

Placement Application: For anyone that is trying to be processed overseas and, if accepted as a refugee, will resettle in the same location as another refugee whom they know.

A placement application is a way for a refugee to notify the refugee resettlement system that he or she would like to have his or her friend or relative join them in the United States if that person is also accepted for resettlement. Anyone can file a placement application. This paper will help the person overseas demonstrate that they have a friend they want to join in the U.S. In most cases the person overseas will probably be seeking an INS interview through the UNHCR or a voluntary agency processing post.

• Filing a placement application will not assist the person overseas in being accepted by the INS for resettlement. He or she must be interviewed by the INS (and possibly the UNHCR) and be determined to be a refugee in need of resettlement.
• A placement application will assist resettlement agencies in placing the new refugee in a location where he or she will have friends or relatives.
• A placement application is not sent overseas by the resettlement agency. Overseas processing posts will not accept them.
• The person receiving the placement application overseas should present it personally when registering overseas.
• As with an AOR, the Placement Application indicates that the person filing the application wishes that the overseas refugee applicant be resettled in the same location by the agency accepting the application.

"Following to Join": If the overseas family is in a location that will allow quick processing and the refugee in the U.S. is newly arrived, it may be possible to process the family (spouse and unmarried children under 21) without filing a Visa-93 application. The key is that the refugee should tell the resettlement caseworker immediately after arrival if there is a spouse and/or children overseas.

Family Visas:

Permanent Residents: After a refugee adjusts status to that of Permanent Resident Alien, he or she has the right to apply for an immigrant family visa for his or her unmarried children and spouse. This process usually takes much longer than refugee processing, yet is available for family-based immigration.

Citizens (Once accepted for Citizenship): Citizens may apply for their children, spouses, and if they are over 21, they may apply for their parents, brothers, and sisters. The wait for parents and siblings can be long.

See your caseworker if you have further questions about immigration.  

What are your responsibilities as an anchor relative?

When IRC gets notice of your relatives' approval to come to the United States , we will contact you. We will verify that you still wish to sponsor them. If you do, you will come to the IRC office and discuss how you and IRC will share the responsibilities. If you choose not to assist them they may be sent as a free case to another city in the United States . Deciding not to assist them will not jeopardize their admittance to the United States . Your responsibilities will include some of the things you had to do during your own first few months in the United States . These include picking them up at the airport, assisting IRC with locating housing arrangements, transporting them to and from immunization, school registration, health screenings, helping them apply for Social Security and Public Assistance, as well as other things. If they are not employed by the time their IRC assistance and public assistance run out, they will have to turn to you or to other community resources for help. Deciding to sponsor a relative involves sharing responsibilities with IRC.