Can my grandmother withdraw her sponsorship for me even though my green card was approved?

QUESTION: I’ve been a lawful permanent resident in the US for almost 5 years. My mother petitioned for me to become a lawful permanent resident, but my grandmother was a sponsor and filed an Affidavit of Support for me. Recently my grandmother and I have had a falling out. Can she withdraw her sponsorship for me? If she does, do I lose my green card?

THE IMMIGRATION ANSWER MAN: It is possible for a sponsor or joint sponsor (also called a co-sponsor) to withdraw their Affidavit of Support (Form I-864) up until the time that the Immigrant Visa is issued by the DOS or that the Form I-485 Application for Adjustment of Status is approved by USCIS. After that, once the beneficiary is already a US permanent resident, then the sponsor or joint sponsor cannot withdraw the Affidavit of Support that was filed. At that point the sponsor or joint sponsor remains obligated under the Affidavit of Support until one of the following things happens:

a) that particular sponsor/joint sponsor dies (in this case the grandmother);

b) the beneficiary of the I-864 (the US permanent resident) dies;

c) the beneficiary of the I-864 naturalizes and becomes a US citizen;

d) the beneficiary of the I-864 leaves the US and formally abandons their US permanent resident status;

e) the Immigration Court revokes the US permanent resident status of the beneficiary of the I-864;

OR

f) the beneficiary of the I-864 works in the US to the point where they are credited with 40 quarters of work in the US.

It is important to note that the obligations of the I-864 continue even where the original basis for obtaining the US permanent residence disappear. For example, in this situation, if the mother who petitioned for the child dies, this does not end the grandmother’s obligations under the I-864. Another example would be where the beneficiary receives US permanent resident status through marriage, the obligations of the I-864 do not end if the couple divorces.

Published 3/12/18 by attorney Ari Sauer.

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By Ari Sauer.

Submit questions to Ari Sauer – The Immigration Answer Man by emailing your question to immigrationanswerman@gmail.com. Questions submitted by email may be posted on this site, without personal information, unless the email specifically requests that we not use the question for this site. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation appointment with attorney Ari Sauer. Sending in a question by email or any other means does not create an attorney-client relationship. This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. On this blog, we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not be current or apply to your particular situation. Readers are cautioned to schedule a consultation with an immigration lawyer rather than relying on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York, and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. The Siskind Susser law firm limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of the Siskind Susser law firm.

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