Overview of Sponsorship Termination
Sponsoring an immigrant is a legally binding commitment that carries significant financial and legal obligations. Sponsors agree to support the immigrant until specific conditions are met — such as obtaining citizenship or reaching permanent residency milestones.
However, circumstances may change. Sponsors might face financial hardship, relationship breakdowns, or other personal reasons for wanting to end sponsorship. While possible in limited cases, terminating sponsorship requires careful consideration and understanding of the legal consequences involved.
Understanding Sponsorship Obligations
Key Sponsorship Forms
- Form I-864 (Affidavit of Support): A legally binding contract where a U.S. sponsor agrees to financially support an immigrant.
- Form I-130 (Petition for Alien Relative): Establishes the qualifying family relationship between the sponsor and the immigrant.
- Employer Sponsorship (e.g., H-1B): Employers sponsoring a foreign worker must comply with U.S. Department of Labor (DOL) and USCIS regulations regarding wages and employment.
Duration of Sponsorship
For family-based immigration, obligations under Form I-864 typically last until one of the following occurs:
- The immigrant becomes a U.S. citizen.
- The immigrant works in the U.S. for 40 quarters (approximately 10 years).
- The immigrant leaves the U.S. permanently.
- The immigrant passes away.
Divorce does not terminate the sponsor’s financial obligations under Form I-864.
Steps to End Sponsorship of an Immigrant
3.1 Notify USCIS or DOL (Employer Sponsorship)
If you are an employer sponsor, you must notify U.S. Citizenship and Immigration Services (USCIS) and, in some cases, the Department of Labor (DOL) when the sponsored employee’s job ends.
Steps:
- Submit a written notice to USCIS indicating the termination of employment and sponsorship.
- Request revocation of the petition (e.g., H-1B or other work visa).
- Provide details including the employee’s full name, case number, and reason for termination.
This ensures the employer is no longer liable for maintaining the employee’s visa status or wages.
3.2 Family-Based Sponsorship and Financial Support Withdrawal
For family-based sponsorships, such as spouses or relatives sponsored under Form I-864, the ability to withdraw sponsorship is very limited once approved.
- Before Visa Approval: Sponsors may submit a written withdrawal request to USCIS or the National Visa Center (NVC) before the immigrant’s visa or green card is issued.
- After Visa or Green Card Issuance: The financial obligations in Form I-864 become legally binding and cannot be revoked unilaterally.
Even in cases of divorce, sponsors remain responsible for supporting the immigrant until a qualifying event (citizenship, 40 quarters of work, or departure from the U.S.) occurs.
Legal Tip: Consult an immigration attorney before attempting to withdraw sponsorship. They can evaluate whether any exceptions apply and advise on mitigating potential liabilities.
3.3 Withdraw a Pending Sponsorship Application
If the application has not yet been approved, you can withdraw it before USCIS finalizes the case.
How to Withdraw a Pending Petition:
- Write a formal withdrawal letter to the USCIS office handling the case.
- Include:
- The immigrant’s full name
- Date of birth
- Receipt number or case number
- A clear statement such as:
“I wish to withdraw my sponsorship and any pending petition related to [Beneficiary’s Name].”
- Sign and date the letter, and retain a copy for your records.
3.4 Notify the Immigrant
Transparency is crucial. Sponsors should inform the immigrant about the withdrawal, allowing them time to:
- Seek alternative sponsorship (for employment-based cases), or
- Explore other visa options before their legal status is affected.
Failing to notify them may result in confusion, immigration issues, or reputational damage.
Consequences of Ending Sponsorship
For Sponsors
- Financial Liability: Sponsors remain legally responsible for reimbursing the U.S. government if the immigrant receives public benefits such as Medicaid, food assistance, or housing support.
- Legal Action: Immigrants can sue sponsors under Form I-864 to enforce financial support obligations.
- Credit and Reputation Risks: Unfulfilled sponsorship duties can result in civil judgments and affect credit ratings.
For Immigrants
- Loss of Status: Termination of employer sponsorship may lead to visa revocation, forcing the immigrant to leave the U.S. or find a new sponsor.
- Limited Financial Support: In family cases, if a sponsor refuses to provide financial aid, the immigrant may struggle financially but can pursue legal enforcement.
- Possible Deportation: In cases where no valid visa or sponsor exists, immigration authorities may initiate removal proceedings.
Frequently Asked Questions
Can I end financial support if I divorce the immigrant?
No. Divorce does not end the sponsor’s Form I-864 obligations. You remain financially responsible until the immigrant becomes a citizen, earns 40 quarters, or permanently leaves the U.S.
Can an employer terminate sponsorship for an employee?
Yes. Employers can terminate sponsorship by notifying USCIS or the Department of Labor when employment ends. The employer must also pay for the employee’s return transportation if employment is terminated early.
What happens if I stop financially supporting the immigrant?
If you stop support and the immigrant applies for public benefits, the U.S. government or the immigrant can legally enforce the I-864 contract against you in court.
Can I withdraw an I-130 petition after approval?
Once USCIS approves an I-130, it’s typically too late to withdraw the petition. However, if the case is still pending or under review, you can submit a written withdrawal request before visa issuance.
Is legal assistance necessary for sponsorship termination?
Yes. Immigration lawyers can assess your specific situation, guide you through withdrawal requests, and help limit future liability.
Conclusion
Withdrawing or ending sponsorship after approval is complex and carries serious legal and financial implications. While employer sponsors can end sponsorship when employment ends, family sponsors face ongoing obligations under Form I-864 that often continue even after personal or financial changes.
Before taking any action, it’s crucial to seek legal advice to understand your rights, obligations, and the possible outcomes of sponsorship termination. Proper guidance helps ensure compliance while protecting your interests.
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contact Martin Taggart — your trusted UK legal partner.