Withdrawal of Affidavit of Support

Lawful Permanent Resident status through Consular Process at a US Embassy Abroad

Where an intending Immigrant outside the US is pursuing lawful Permanent resident status through consular processing of an Immigrant visa via a US embassy abroad, and the Principal sponsor, Substitute Sponsor, Joint sponsor or Co-sponsor have submitted a signed Affidavit of Support Contract on Form I-864 and any required Form I-864A Contract between Sponsor and Household member to a U.S consular officer directly or through the National Visa Center-NVC, they may withdraw their agreement to act as a Sponsor, Co-sponsor, Joint Sponsor or substitute sponsor by sending a written withdrawal notice to the office where their affidavit of support application is being processed. This could be the NVC unless the NVC has forwarded the case file to the US Embassy abroad in preparation for the Immigrant Visa Interview.

In order for the withdrawal to be effective, it must be received and acted upon by the adjudicating officer prior to the issuance of an Immigrant visa and admission into the US of the intending Immigrant as a lawful Permanent resident.

Upon issuance of the Immigrant Visa and admission of the intending Immigrant into the US as a lawful Permanent resident, the affidavit of support contract cannot be withdrawn. However, if the Petitioner is able to successfully withdraw the Visa Petition upon which the lawful Permanent resident status was based, It will terminate the Affidavit of support contract as the intending immigrant will lose his or her lawful permanent resident status.

 

Lawful Permanent Resident through Adjustment of status within the US

Adjustment of status is the process of seeking lawful Permanent resident status by a non US Citizen within the US either before the United State Citizenship and Immigration Services- USCIS or before an Immigration Judge. This is popularly referred to as the green card application.

Where an Affidavit of Support Contract was submitted in support of the green card application, Such Affidavit of support Contract may be withdrawn by written notice sent to the United States Citizenship and Immigration Services or to the Immigration Court and acted upon prior to the approval of the green card application.

Upon approval of the green card application and a grant of Lawful Permanent resident status, the affidavit of support contract cannot be withdrawn unless the Petitioner is able to successfully withdraw the Visa Petition upon which the lawful Permanent resident status was based. The withdrawal of such visa petition will terminate the Affidavit of support contract as the intending immigrant will lose his or her lawful permanent resident status and may be subject to removal in the event he or she has no immigration status to fall back to.

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