As an expert in immigration law, I can provide you with a detailed explanation regarding the withdrawal of an affidavit of support.

The Affidavit of Support, also known as Form I-864, is a legal document that a U.S. citizen or lawful permanent resident must sign to sponsor an immigrant. This form is a promise to support the immigrant financially if they cannot support themselves. It is a crucial part of the immigration process, especially for family-sponsored immigrants.

Withdrawal of the Affidavit of Support

The process of withdrawing an affidavit of support can be complex and is subject to specific conditions and timeframes. Here's a step-by-step guide on how it can be done:


1. Understanding the Timing: The affidavit of support can be withdrawn at any time before the consular officer issues the immigrant visa. This means that if you are in the process of sponsoring someone and you decide to withdraw your support, you must do so before the final visa is granted.


2. Initiating the Withdrawal Process: To withdraw the affidavit, you must inform the U.S. Citizenship and Immigration Services (USCIS) in writing. This should be done as soon as you decide to withdraw your support.


3. Providing a Reason: It is important to provide a valid reason for the withdrawal. Common reasons include a change in financial circumstances, the sponsored immigrant obtaining a job or other means of support, or a breakdown in the relationship between the sponsor and the sponsored individual.


4. Impact on the Sponsored Immigrant: Withdrawing the affidavit can have significant consequences for the immigrant. If the affidavit is withdrawn after the immigrant has been admitted to the U.S. but before they have become a permanent resident, it can lead to the termination of their status and possible deportation.


5. Legal Consequences: Once the affidavit is enforceable, which is at the time the sponsored immigrant is admitted to the U.S. as a permanent resident, it cannot be withdrawn. The sponsor is legally obligated to provide the financial support as promised.


6. Documentation: It is advisable to keep all documentation related to the withdrawal process. This includes any correspondence with USCIS, the reason for withdrawal, and any supporting evidence.

7. **Consultation with an Immigration Attorney**: Given the complexity of immigration laws and the potential consequences of withdrawing an affidavit of support, it is highly recommended to consult with an immigration attorney. They can provide guidance tailored to your specific situation and ensure that the process is handled correctly.

Conclusion

Withdrawing an affidavit of support is a serious decision with potential legal and financial implications for both the sponsor and the sponsored immigrant. It is crucial to understand the process, the timing, and the consequences before taking any action. Seeking professional advice can help navigate this complex process and ensure that all actions are taken in compliance with U.S. immigration laws.

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In the case of an individual applying for an immigrant visa at a consulate abroad, the affidavit of support may be withdrawn at any time before the Officer issues the immigrant visa. However, the affidavit only becomes enforceable at the time the sponsored immigrant is admitted to the U.S. as a permanent resident.read more >>