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.
For personalized assistance, contact Law and Visas we’re here to help you every step of the way!
