You are here:

Immigration Issues/withdraw an affidavit of support

Advertisement


Question
My wife and I filed an I-130 for my father-in-law.  He's now holding a Permanent resident card.  Is there any way I could withdraw the affidavit of support I/we filed with the application?  Can a different person or relative sponsor him instead?  If by doing so, does he have to give up his current permanent resident card and re-apply for a new one?  If I can withdraw my affidavit of support how can I do this?

Answer
Hello Sam:


Once the sponsored alien becomes a permanent resident, the support obligation remains in effect until the sponsored alien:
" becomes a citizen of the United States;
" has worked, or can be credited with, 40 qualifying quarters of coverage under the Social Security Act, provided that the sponsored immigrant is not credited with any quarter beginning after December 31, 1996, during which the sponsored immigrant receives or received federal means-tested public benefits;
" ceases to hold the status of an alien lawfully admitted for permanent residence and departs the United States;
" obtains in a removal proceeding a new grant of adjustment of status as relief from removal; or dies."

Therefore, your obligation will cease once your father in law becomes a US citizen,or one of the other situations described above occur.

Sincerely,

Annick Koloko
www.kolokolaw.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Annick Tchokonte-Koloko

Expertise

Ms. Koloko's practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Ms. Koloko is an experienced litigator who practices regularly in courts throughout the United States.

Experience

Ms. Koloko had litigated cases before the Immigration Courts as well as the Board of Immigration Appeals. Ms. Koloko also handled successfully numerous non-immigrant and immigrant applications before USCIS, as well as US Consular Posts.

Organizations
AILA (American Immigration Lawyers Association) Admitted to practice in U.S. District Court, Western District of New York Admitted in New York

Education/Credentials
Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.

©2016 About.com. All rights reserved.