Short Answer: Yes, a sponsor can still file an I-864 Affidavit of Support, but there are specific challenges if their income comes from marijuana-related activities.
Federal Law and Marijuana
Even if your state has legalized marijuana for medical or recreational use, it is still classified as a Schedule I drug under the federal Controlled Substances Act. This means the sale or manufacture of cannabis is illegal under federal law, regardless of state laws.
Criminal History and Sponsorship
In most cases, a sponsor’s criminal history won’t directly affect a green card application for their spouse or family member. Only certain crimes, such as offenses against children, may prevent a U.S. citizen or permanent resident from sponsoring a family member.
However, the issue arises when it comes to income from cannabis-related businesses.
Income and the I-864 Affidavit of Support
The I-864 Affidavit of Support requires sponsors to show they can financially support the beneficiary. USCIS is very clear: the sponsor’s income must come from a lawful source under federal law.
Since marijuana-related businesses, including dispensaries or cannabis manufacturing, are federally illegal, income from these activities does not qualify as lawful income for the I-864.
What Should You Do?
If you earn income from a cannabis-related business, there are still options to meet the financial requirements:
- Consult an Immigration Attorney: Work with an attorney to explore alternative solutions tailored to your situation.
- Use Assets: Sponsors can use personal assets to meet the income requirement if they don’t have qualifying income.
- Find a Joint Sponsor: A joint sponsor, such as a friend or relative, can provide their income to meet the financial threshold if yours doesn’t qualify.
While federal law creates complications for sponsors with marijuana-related income, there are ways to navigate the process. Don’t hesitate to seek guidance from an experienced immigration attorney to ensure your green card application goes smoothly.
USCIS Policies on Marijuana-Related Income
The U.S. Citizenship and Immigration Services (USCIS) has clear policies regarding marijuana-related income, which can significantly impact immigration applications and sponsorship processes. Understanding these policies is essential for both applicants and sponsors to navigate the complexities of immigration law effectively.
USCIS Stance on Federally Unlawful Income Sources
USCIS maintains a strict stance against income derived from federally unlawful activities, including marijuana-related income. Despite the legalization of marijuana in several states, it remains classified as a Schedule I controlled substance under federal law. This classification means that any income generated from activities involving marijuana—whether through cultivation, sale, or employment in the cannabis industry—can be deemed unlawful for immigration purposes.
Examples of Cases Where Marijuana-Related Income Might Be Rejected
- Sponsorship Applications: When filing Form I-864 (Affidavit of Support), sponsors must demonstrate that their income is lawful. If a sponsor’s income is derived from the cannabis industry, it may lead to the denial of the application due to its classification as unlawful income.
- Naturalization Applications: Applicants seeking naturalization must establish good moral character (GMC). Involvement in marijuana-related activities, even if legal under state law, can negatively impact GMC determinations. For example, if an applicant admits to using marijuana or working in the cannabis industry during their statutory period, they may be barred from establishing GMC.
- Adjustment of Status: Individuals applying for adjustment of status may face scrutiny if they have engaged in any marijuana-related activities. If USCIS determines that an applicant has derived income from illegal sources, it could result in denial based on inadmissibility grounds.
Risks for Sponsors with Marijuana-Related Income
Sponsors play a crucial role in the immigration process, but those with marijuana-related income face significant risks.
Potential Denial of the I-864 if Income is Deemed Unlawful
If a sponsor’s income is derived from marijuana-related activities, their Form I-864 may be denied. USCIS requires sponsors to provide evidence of lawful income to support their sponsored immigrants financially. If the income source is considered unlawful, it undermines the sponsor’s ability to meet the financial requirements necessary for successful sponsorship.
Legal Consequences for Sponsors
- Inadmissibility Concerns: If a sponsor has been involved in marijuana-related activities, they may face inadmissibility issues themselves. This could affect their ability to sponsor family members or apply for other immigration benefits.
- Impact on Immigration Status: For non-citizens involved in the cannabis industry, there is a risk of deportation or denial of future immigration benefits based on their involvement with a federally illegal substance.
Options for Sponsors with Marijuana-Related Income
For sponsors whose income is tied to the cannabis industry, there are several strategies to navigate USCIS requirements effectively.
Alternative Income Sources to Meet the I-864 Requirements
Sponsors can explore alternative sources of income that comply with federal law:
- Employment in Lawful Industries: Transitioning to employment outside of the cannabis industry can provide a stable source of lawful income that meets USCIS requirements.
- Savings and Assets: Sponsors may also use savings or assets to demonstrate financial stability when sponsoring an immigrant. Documenting these resources can help fulfill the financial obligations required by USCIS.
Use of a Joint Sponsor with Lawful Income
If a primary sponsor’s income is deemed unlawful due to its connection to marijuana:
- Joint Sponsorship: The primary sponsor can enlist a joint sponsor who has lawful income and meets USCIS requirements. This joint sponsor must complete their Form I-864 and demonstrate sufficient financial resources.
- Shared Financial Responsibility: By utilizing a joint sponsor, both parties share financial responsibility for supporting the immigrant, which can enhance the likelihood of approval for sponsorship applications.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for a Spouse Visa, Green Card, Visitor Visa, or Study Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
