In our AskVisalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.
If you have a question on immigration matters, write [email protected]. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
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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?
ANSWER: 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.
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QUESTION: I was an international student on an F-1 visa, but I stopped going to school, and have fallen out of status because I moved to another city to live with my fiancée. My fiancée and I are getting married next month. She is a US citizen. Can I still qualify for Adjustment of Status even though I am now out of status?
ANSWER: Yes, after your wedding. Someone who is filing their Form I-485 Application for Adjustment of Status (commonly known as a green card application) based on the immigrant petition (Form I-130) filed by their US citizen spouse is applying under the Immediate Relative category. The Immediate Relative category includes spouses, parents and unmarried minor children of US citizen). Those applying under the Immediate Relative category may do so if they were inspected and admitted (or paroled) when they last entered the US. This is true even if they later fall out of status. So, someone who last entered the US on a nonimmigrant visa (or a parole document) but fails to follow the requirements of their nonimmigrant visa, and therefore fall out of status, may still apply for Adjustment of Status (I-485) if they are applying based on the Immediate Relative immigrant petition. Of course, this assumes that the person meets all other grounds of admissibility.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.