Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
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;
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.
By Ari Sauer.
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