1. Overview of Sponsorship Termination
Sponsoring an immigrant involves a legal agreement to support them financially, often until they obtain citizenship or meet certain residency requirements. While sponsorship obligations are binding, sponsors may have reasons to end the sponsorship, such as personal changes, financial strain, or legal issues. Ending sponsorship can be complex, and it’s essential to understand the steps and possible repercussions.
2. Understanding Sponsorship Obligations
Key Sponsorship Forms
- Form I-864, Affidavit of Support: A legally binding document agreeing to financially support the immigrant.
- Form I-130, Petition for Alien Relative: Filed to establish a qualifying family relationship.
- Employer Sponsorship: Employer-sponsored visas, such as H-1B, require the sponsor to comply with employment-based responsibilities.
Duration of Sponsorship
For family-based sponsorships under Form I-864, obligations typically last until:
- The immigrant becomes a U.S. citizen.
- The immigrant has worked in the U.S. for 40 quarters (10 years).
- The immigrant departs the U.S. permanently.
- The immigrant passes away.
3. Steps to End Sponsorship of an Immigrant
3.1 Notify the Sponsoring Agency or USCIS (Employer Sponsorship)
For employer-based visas, sponsors must notify USCIS or the Department of Labor (DOL) if the employment relationship ends:
- Notify USCIS: Submit a formal letter to USCIS outlining the intention to terminate sponsorship.
- Revocation Request: In cases where the sponsorship is job-based (e.g., H-1B visa), employers can request revocation of the immigrant’s visa if the employment ends.
3.2 Formally Revoke Financial Support for Family Sponsorship
For family sponsorships under Form I-864, the process of terminating support is limited, as the I-864 Affidavit of Support is legally binding. Sponsors generally cannot unilaterally withdraw this financial responsibility. However:
- Divorce: A divorce does not end the financial obligations established under Form I-864, as the responsibility usually lasts until one of the qualifying events occurs.
- Legal Consultation: Consulting an immigration attorney is recommended, as they can provide guidance on ways to address financial responsibilities or seek a modification of support obligations.
3.3 Withdraw Pending Sponsorship Applications
If the application is still in progress, sponsors can withdraw sponsorship before the immigrant’s approval:
- Submit a Written Withdrawal Request: Send a withdrawal letter to the appropriate USCIS office handling the application.
- Include Case Details: Ensure the letter includes the immigrant’s full name, date of birth, and case or receipt number.
3.4 Notify the Immigrant
In cases where an immigrant’s status depends on sponsorship, inform the immigrant so they can explore alternative visa options or prepare for possible consequences if support is withdrawn.
4. Consequences of Ending Sponsorship
Ending a sponsorship can lead to significant consequences, particularly with family-based immigration:
For Sponsors
- Financial Obligations: Sponsors remain financially responsible for the immigrant’s public benefits until sponsorship obligations legally end.
- Potential Legal Action: Immigrants can legally sue sponsors for financial support under Form I-864 if the sponsor stops providing assistance and the immigrant relies on public benefits.
For Immigrants
- Impact on Visa Status: Termination of employment-based sponsorship can jeopardize the immigrant’s visa status, potentially resulting in visa revocation.
- Limited Recourse: Family-based immigrants may need to seek public benefits or alternative support if a sponsor withdraws assistance, though the sponsor remains legally obligated.
5. Frequently Asked Questions
- Can I end financial support if I divorce the immigrant?
No, divorcing the immigrant does not end financial support obligations under Form I-864. - Can an employer terminate sponsorship for an employee?
Yes, an employer can end sponsorship, especially if the employee no longer works for them, by notifying USCIS or DOL. - What happens if I stop financially supporting the immigrant?
The immigrant can sue you under Form I-864 to enforce financial support, and you may be liable for any public benefits they receive. - Can I withdraw an I-130 petition after approval?
You cannot withdraw after USCIS approval, but if processing isn’t completed, you may notify USCIS of the intent to withdraw. - Is legal assistance necessary for sponsorship termination?
Legal advice is highly recommended, as termination of sponsorship can have financial and legal implications.
6. Conclusion
While ending sponsorship after approval is challenging and often legally binding, sponsors can take steps if they have compelling reasons. Legal assistance can help sponsors understand their options, whether in employment-based or family sponsorship cases. With proper guidance, sponsors can make informed decisions, understanding the lasting financial obligations associated with sponsorship.