Withdrawal Of An Affidavit Of Support

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 has 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, Sponsors, co-sponsors, joint sponsors, or substitute sponsors may withdraw their agreement by sending a written notice to the processing office 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.

The adjudicating officer must receive and act on the withdrawal before issuing an immigrant visa and admitting the intending immigrant as a lawful permanent resident

Once officials issue the immigrant visa and admit the intending immigrant, you cannot withdraw the affidavit of support. However, if the petitioner successfully withdraws the visa petition that granted permanent resident status, the Affidavit of Support contract will end. In this case, the immigrant loses their lawful permanent resident status.

Lawful Permanent Resident through Adjustment of Status within the US

Adjustment of status is the process for non-U.S. citizens to seek Lawful Permanent Resident status within the U.S. This process can occur before United States Citizenship and Immigration Services (USCIS) or an Immigration Judge. This is popularly referred to as the green card application.

When a green card application includes an Affidavit of Support, the sponsor may withdraw it by sending written notice to the United States Citizenship and Immigration Services or the Immigration Court. Officials must act on this notice before approving the application

You cannot withdraw the affidavit of support once USCIS approves the green card application and grants Lawful Permanent Resident status. However, if the petitioner withdraws the visa petition that granted permanent resident status, the Affidavit of Support contract will end. In that case, the immigrant loses their status and may face removal if they lack other valid immigration status.