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Can an illegal alien get sponsorship?

My brother-in-law has been asked by an illegal alien (whom he has known for some time now) if he would be willing to sponsor him.

We don't know what to do. We would like to sponsor him as he is an upstanding person and deserves an opportunity to be here legally.

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Attorney answers (1)

Reputation Level 20
An "illegal alien" generally would not be able to adjust to a lawful immigration status while remaining in the US. In certain circumstances, an alien who entered the US with inspection by US immigration officials can adjust status if the alien is an immediate relative of a US citizen. For immigration purposes, an immediate relative is a spouse, minor dependent children or parent of a US citizen. The other major exception is for an alien who qualifies for the LIFE Act - or Legal Immigration and Family Equity Act.

What your brother-in-law should do is review the specific facts with his attorney. If the brother-in-law is being asked to be the financial sponsor for the alien, the brother may end up being financially responsible for him for a long time via the affidavit of support. He can check Form I-864 for the financial responsibilities. The form is free at www.uscis.gov .
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