As required under U.S. immigration laws, all applicants of an immigrant visa whether they are applying for a family or employment based must have someone petition on his or her behalf. The petitioner also known as the sponsor needs to be a U.S. citizen or a lawful permanent resident and must be willing to follow through until the process has been completed. The petitioner or sponsor must be readily available and willing to answer questions when needed.
Depending on whether the petitioner is an employer or a family relative that person will need to file either a Form I-140, Immigrant Petition for Alien Worker or a Form I-130, Petition for Alien relative at the very beginning of the process. Ask an immigration attorney to help you before filling out the forms.
“What happens if my petitioner changes his or her mind and stops assisting me with my efforts of completing my immigrant visa petition?” The answer to that question depends on several factors, most importantly on how far along you are in the process when that happens.
A Sponsor Can Withdraw Even If Your Visa Application Is Still Pending With USCIS
Your petitioner can, at any time, update USCIS of an intention to withdraw from the application process. If the petition has not been approved, USCIS will quite certainly deny or cancel it and thus interrupt any plans to immigrate to the U.S.
There is an exception that exists, under the Violence Against Women Act (VAWA), for battered spouses and children of U.S. Citizens of Lawful Permanent Residents. Congress designed this exception to help address situations where U.S. petitioners were attempting to manipulate the lives of their immigrant spouses and children, intimidating them to remain silent about abuse, by threatening to withdraw the I-130 petition filed on the basis of their marriage. Such foreigners have the opportunity to “self-petition” or file for U.S. residence on their own behalf, using the I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
What if the Petition Has Been Approved by USCIS, But No Green Card Has Been Provided
Even if an approval has been granted by USCIS for an I-130 or an I-140 application, the cooperation of your petitioner will be required to complete the immigrant visa application process.
When it comes to the family based green card application, the family member who petitions on your behalf must sign a commitment (Form I-864, Affidavit of Support), with the U.S. government promising financial support for approximately ten years, in order to avoid the possibility of you receiving public assistance.
When it comes to the employment-based green card application, the employer will need to provide a last minute letter of support confirming that the job position you applied for is still open. Talk to an immigration attorney if you are seeking a family or employment based U.S. visa.
Once a U.S. Green Card Has Been Issued There Should Be No Issue
If you already received your U.S. green card (either through consular processing or adjustment of status), and you did not commit fraud nor evade immigration, you will not have to worry. Even if your petitioner decides to withdraw his or her support, your immigration status will remain the same.
On the other hand, if your petitioner claims and proves that you obtained your U.S. green card through fraud, USCIS will then take action and you will be sanctioned and placed on removal proceedings.
Now, if you secured a conditional green card based on marriage to a U.S. citizen, the situation gets a little more complicated since both spouses will be expected to file a joint petition on a Form I-751, signed by both parties and accompanied with supporting documentation proving that you are still married. The I-751, Petition requests that USCIS remove the conditional resident status and grant lawful permanent residence.
Do You Need Help
If your sponsor is threatening that he or she will withdraw from your immigrant visa application process and you do not know what to do. Talk with your nearest immigration lawyer. Call Gambacorta Law Office at 847 443 9303 for an appointment. Our team of attorneys will see how best to help you.