Can a Family Sponsorship Be Revoked After Approval?

What Does Family Immigration Sponsorship Approval Really Mean?

Suppose you are a U.S. citizen (or permanent resident) and file a Form I-130 (Petition for Alien Relative). In this case, your immediate goal is to establish that you have a qualifying family relationship that makes the foreign national eligible to apply for permanent resident status in the U.S. or abroad.  If USCIS approves the I-130 petition, it  confirms that you have established your family ties and that relationship .

However, this fact alone does not guarantee that your family will be granted a green card. Other steps must follow, including background checks, an affidavit of support (Form I-864), and, at times, actions such as the discretion that takes place during consular processing or adjustment of status interviews.

Just a few of the vital stages in the family sponsorship process include:

• The formal filing and approval of Form I-130.
• Usually, a filing of Form I-485 with U.S.C.I.S. (aka adjustment of status) or DS-260 (immigrant visa application) with the National Visa Center
• One or more USCIS or consular interviews will be scheduled followed by review, a request for additional evidence, or a final decision by the USCIS or State Department on green card issuance.

You must be aware that there are almost always potential legal, procedural, and regulatory roadblocks at every stage of this exhaustive legal process. Therefore, even after the I-130 is approved, the sponsorship can still be jeopardized.  Regrettably, poor Congressional funding along with the varied and legally complex laws on adjustment and consular processing may create delays and roadblocks.  This is why the professional help and guidance of a highly skilled immigration lawyer is usually mandatory in navigating the myriad pitfalls inherent in this process.

Can a Sponsorship Be Revoked Voluntarily?

This is an often-asked question of whether a sponsor can change their mind after filing a petition.  The answer depends on precisely where the petition is in the filing process.

Just a few of the examples of how this may work are:

• Before the I-130 is approved – The petitioner may withdraw the I-130 at any time. All they must do is send a formal, signed, written request to the USCIS office that’s handling the case.  Of course, the USCIS must also have enough information and staff to  act on this revocation request.
• The petitioner can still revoke their sponsorship even after the I-130 is approved but before adjustment or admission takes place – This is especially true if USCIS believes that the relationship was fraudulent, if they’ve separated from their spouse, or if other unique circumstances have changed. However, action must be formally filed to revoke status.
• After the green card is approved – It’s too late to revoke the petition, as the immigrant is now a lawful permanent resident. However, if the sponsor suspects fraud or misrepresentation, they could report it to USCIS or Immigration and Customs Enforcement (ICE), which can result in removal proceedings if reliable, not subjective, evidence supports their claim.  Usually, the better option is to separate and withdraw long before this happens.

If an adjustment of status or admission does take place, all Affidavits of Support (Form I-864) are legally binding. So, if the conditional or permanent green card was already issued, the sponsor can remain financially responsible for the immigrant for up to 10 years.  That is, if the immigrant is unable to support themselves or they legally become a U.S. citizen, regardless of their marital status.

Can the U.S. Government Initiate Revocations for Reasons of Fraud, Ineligibility, Etc.?

The simple answer is yes; under certain circumstances, they can. The USCIS and the Department of State can initiate revocation of an already approved I-130 petition or deny a green card application if they uncover specific and usually dire issues.  However, an immigrant can respond and challenge the revocation.

Just a few of the most common reasons the USCIS initiate revocation may include:

• Marriage fraud or misrepresentation has occurred  – that is, if the USCIS believes that the marriage was entered solely for immigration purposes or the beneficiary misrepresented facts during the process, then the USCIS can seek to revoke the I-130 approval and deny or even rescind a green card.
• Facts that suggest the applicant is/was  inadmissible – For example, the USCIS may discover criminal records, immigration violations, or other concerns, which could lead to revocation or denial even after the application was approved.
• Death of the petitioner – If the parent, sibling or spouse died before the immigrant is granted permanent residence. In this case, the petition is usually automatically revoked by the USCIS. In some isolated cases where the immigrant is taking care of the petitioner, the USCIS may allow a humanitarian reinstatement of the petition if the beneficiary finds a substitute sponsor and meets other exceptional criteria.
• If  the beneficiary is the petitioner’s child, who gets married after the petition is filed.
• If the petitioner withdraws – As stated, if the petitioner sends a withdrawal after I-130 approval but before final adjudication, the USCIS may act on that and revoke the petition.

Note, that in many of these situations, the immigrant may receive a Notice of Intent to Revoke (aka NOIR) or Notice of Intent to Deny (aka NOID), which may allow them a chance to respond with evidence before final revocation is processed; this is another critical area that a professional, compassionate, and knowledgeable immigration lawyer’s help will be invaluable. Always, timely update your address with USCIS, because mistakes can be made by the Service!

Some Vital Legal Options and Protections for Beneficiaries and Their Sponsors.

Let’s say you’re a sponsor where USCIS is reconsidering a petition due to suspected fraud or your beneficiary’s case has been threatened with revocation; you must know that there are legal options to protect your interests, such as:

• The right to timely respond to a NOIR or NOID – Preferably with the help of an empathetic and accomplished immigration lawyer. These critical notices must never be ignored. A diligent, thorough immigration lawyer can help you decide how to mount a strong legal response, which can potentially preserve the petition or your right to relief from deportation.
• Possible humanitarian reinstatement – Suppose your petitioner dies after approval. A beneficiary may request this form of relief depending upon the circumstances, which may allow the case to proceed. Of course, a substitute sponsor will be required for the affidavit of support.
• There may be options for those spouses who are victims of verifiable emotional and/or physical abuse.
• Appeals and formal motions to reopen – There are times (and your lawyer ought to know) when the USCIS wrongly revokes a petition or denies a green card application. In these cases, you usually can refile, file an appeal, motion to reopen, or motion to reconsider the case with USCIS or the Board of Immigration Appeals.
• Fraud allegations and a strong legal defense – Suppose the USCIS suspects marriage fraud or misrepresentation. Competent, diligent, and compassionate legal representation is critical. These serious allegations can result in removal (deportation), permanent inadmissibility, or criminal charges.

All immigration cases are legally complex, and throughout the process, consulting with an experienced, knowledgeable, and empathetic immigration lawyer who is familiar with all the reasons, rules, and regulations regarding revocation can mean the difference between a successful family reunion and a long-term separation or ban from the United States.

My Family Sponsorship May Be Revoked; How Should I Proceed?

First, you must realize that family-based immigration law is one of the most personal, emotional, and legally complex areas of U.S. immigration law. If you’re a sponsor who feels they must withdraw a petition or a beneficiary facing a potential revocation, the consequences you face can be life-altering.

For over three decades, the Law Offices of Kevin Dixler have helped numerous families successfully navigate the highly complex and stressful sponsorship process, address many types of revocation notices, defend against immigration fraud allegations, and much more.

They are fully aware of the extraordinary stress this process can cause, but you needn’t go through it alone. Call Kevin today at (312) 728-4610 and schedule a compassionate and in-depth evaluation of your unique case. He’ll make sure you know all your legal rights and options to ensure the best chances of approval.