- What is Sponsorship and How Does it Work in the United States?
- Liabilities of Being a Sponsor
- Can You Stop Sponsoring an Immigrant?
- What Happens if You Stop Sponsoring an Immigrant?
- How to Terminate Sponsorship
- Letter to Withdraw Petition for Immigration Sponsorship
- How Long are you Responsible for Someone you Sponsor in the USA?
- What are the Forms Needed to Sponsor an Immigrant?
- How Can Immigration Advice Service Help?
What is Sponsorship and How Does it Work in the United States?
Sponsorship is when a U.S. Citizen or Legal Permanent Resident agrees to support an immigrant to come to the United States financially. The sponsor is responsible for providing financial support to the immigrant, including food, housing, and other necessary living expenses.
The sponsor is also responsible for proving that the immigrant will not become a “public charge”, meaning they will not rely on government assistance. And if this happens, both the sponsor and the immigrant can be held responsible.
In order to sponsor an immigrant, the sponsor must fill out an Affidavit of Support. This is a legally binding document that ensures the sponsor will provide financial support to the immigrant. The sponsor must also show that they have the financial ability to support the immigrant.
Liabilities of Being a Sponsor
As much as being a sponsor can be rewarding, there are also some liabilities that come with the responsibility.
- The sponsor is responsible for any debts or public charges the immigrant incurs. This means that if the immigrant uses government assistance, the sponsor will be responsible for repaying the debt.
- The sponsor is also responsible for supporting the immigrant for 10 years or until the immigrant becomes a U.S. Citizen or Legal Permanent Resident.
- If the immigrant gets divorced, the sponsor is still responsible for supporting them financially.
- You may have a limited ability to sponsor other immigrants in the future. If you wish to sponsor more immigrants, you need to prove that the first immigrant you sponsored has become self-sufficient. Additionally, your level of income will have increased when calculating your household size for the next immigrant.
Can You Stop Sponsoring an Immigrant?
If USCIS has not yet approved the immigrant visa petition
If you have not yet filed the I-130 form with USCIS, you can simply withdraw your sponsorship by informing USCIS that you have changed your mind and no longer wish to sponsor the immigrant. You do not need to give a reason for withdrawing your sponsorship. But there are exceptions to this rule. For example, if USCIS has already issued a notice of intent to deny (NOID), you will need to withdraw your sponsorship in writing and explain the reasons for your change of heart. Also, the Violence Against Women Act (VAWA) protects victims of domestic abuse from having their sponsors withdraw their support. The act was introduced to prevent abusers from using sponsorship as a way to control their victims.
If USCIS has approved the petition, but no Green Card has yet been issued
If you have filed an I-130 or I-140 petition on behalf of the immigrant or family members, but USCIS has not yet approved the petition, you can withdraw your sponsorship by sending a written request to USCIS. In the letter, you must explain your reasons for withdrawing your sponsorship and provide evidence to support your decision. If you do not have a valid reason for withdrawing your sponsorship, USCIS may deny your request.
If the immigrant has a Green Card
Withdrawing your sponsorship of an immigrant who already has a Green Card is much more difficult. You will need to prove to USCIS that the immigrant has become a “public charge” or has committed fraud in order to have your sponsorship terminated. For example, if the green card holder entered into a fraudulent marriage in order to obtain a Green Card, you may be able to have your sponsorship terminated. But if the immigrant has not committed any such crimes, it is very difficult to have your sponsorship terminated. At this point, it is best to consult an immigration attorney to discuss your options. You will have to pay legal fees, but getting expert advice on such a complex issue is worth it.
What Happens if You Stop Sponsoring an Immigrant?
According to the National Immigration Forum, if you sponsor an immigrant who later becomes a lawful permanent resident, you are financially responsible for supporting that person. This includes providing food, clothing, shelter, and medical care. If you can’t or won’t provide this support, you can be held legally responsible and may have to pay back any government benefits your sponsored immigrant received. Additionally, if you stop sponsoring an immigrant before their green card expires, they may be deported.
How to Terminate Sponsorship
If you want to sponsor an immigrant, you need to fill out Form I-864, Affidavit of Support Under Section 213A of the INA. This form makes you responsible for supporting the immigrant financially. It also gives the immigrant certain rights, such as the right to work in the United States and the right to receive certain government benefits. Timing is critical when withdrawing a visa sponsorship. If you wait until after the immigrant has lawfully acquired permanent resident status, it will be very difficult to terminate your sponsorship.
If you want to withdraw your sponsorship of an immigrant who has not yet become a lawful permanent resident, you need to send a written request to USCIS. In the letter, you must explain your reasons for withdrawing your sponsorship and provide evidence to support your decision.
If you want to withdraw your sponsorship of an immigrant who already has a Green Card, you need to send a written request to USCIS. In the letter, you must explain your reasons for withdrawing your sponsorship and provide evidence to support your decision. You will also need to submit a copy of the immigrant’s Green Card.
To file the withdrawal for immigration sponsorship, visit the IRCC website.
It is important to note that, even if you are successful in withdrawing your sponsorship, you may still be liable for support payments. If the immigrant becomes a public charge within five years of being admitted to the United States, you may be required to pay back any government benefits they received.
Letter to Withdraw Petition for Immigration Sponsorship
Writing a letter to withdraw sponsorship for an immigrant is not a difficult task, but it is important to include all of the required information. The following are the key points that should be included in a letter to withdraw immigration sponsorship for an immigrant:
- The sponsor’s name, address, and contact information
- The immigrant’s name
- The date the sponsorship was filed
- A statement withdrawing the sponsorship
- The reason for withdrawing the sponsorship
- Evidence to support the decision to withdraw the sponsorship (if available)
- The sponsor’s signature
- The date the letter is written
Send the letter to the U.S. Citizenship and Immigration Services (USCIS) office that is processing the immigrant’s case. You can find the address on the USCIS website.
How Long are you Responsible for Someone you Sponsor in the USA?
A sponsor’s responsibilities last until the immigrant becomes a U.S. citizen or permanent resident, dies, or permanently leaves the United States. Also, until the immigrant has earned 40 work quarters credited toward Social Security which equates to ten years of work, the immigration sponsor is responsible for paying any Social Security taxes owed.
What are the Forms Needed to Sponsor an Immigrant?
The forms needed to sponsor an immigrant vary depending on the immigrant’s relationship to the sponsor. For example, a sponsor who is married to the immigrant will need to complete different forms than a sponsor who is related to the immigrant as a parent or child.
The following are some of the forms that may be required when sponsoring an immigrant:
- Form I-130 (Petition for Alien Relative) – Used to establish the relationship between the sponsor and the immigrant.
- Form I-864 (Affidavit of Support Under Section 213A of the INA) – Used to show that the sponsor has the financial ability to support the immigrant.
- Form I-485 (Application to Register Permanent Residence or Adjust Status) – Used by immigrants who are already in the United States to adjust their status to permanent resident
- Form I-864EZ (Affidavit of Support Under Section 213A of the INA) – Used by sponsors who are related to the immigrant as a spouse, parent, child, or sibling
If you are thinking about withdrawing your sponsorship of an immigrant, our team of experienced immigration lawyers can help. We can review your case and advise you on the best course of action.
Here are the services we offer:
- A comprehensive assessment of your case.
- Advice on the best way to withdraw your sponsorship.
- Assistance with preparing and filing the necessary paperwork.
- Representation at hearings or meetings with USCIS.
Contact us today if you are interested in learning more about our services. We offer a free consultation where we will review your case and answer any questions you have. Call us at 0330 311 6351 or find us online to schedule your consultation.
Last modified on January 29th, 2023 at 4:23 pm
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