withdrawing an affidavit of support

Withdrawing an affidavit of support is not a simple matter. In fact, before a sponsor considers withdrawing their affidavit of support, they should consult with an immigration attorney to determine what the best method of withdrawing is and if withdrawal is still a possibility.

What is the Process for Withdrawing an Affidavit of Support?

In determining whether withdrawing an affidavit of support is a possibility, the key question to ask is whether a final decision has been made on the beneficiary’s case yet. If no final decision has been rendered yet, the sponsor needs to communicate with the agency tasked with adjudicating the beneficiary’s application. For example, if the case involves consular processing, the sponsor may need to notify the National Visa Center and the foreign country’s U.S. Consulate that they plan to withdraw their affidavit. 

Generally, such a request must be made in writing, stating the sponsor’s name, the beneficiary’s name, the case file number, and other information which would appropriate agency identify the application.

If it is Too Late to Withdraw, When Do My Obligations to Support End?

Keep in mind that once a decision has been made in the beneficiary’s case, that it is too late to withdraw the affidavit of support. As such, the sponsor’s obligations under the contract will not end until the happening of one of the following events:

  • Beneficiary becomes a U.S. Citizen;
  • Beneficiary has worked forty (40) qualifying quarters as defined in Title II of the Social Security Act;
  • Beneficiary or Sponsor passes away; or
  • The beneficiary leaves the U.S. permanently and abandons their permanent resident status.

If you still have questions about the affidavit of support or withdrawing an affidavit of support, you should seek the assistance of an immigration attorney. It could be easy to make a mistake when withdrawing an affidavit of support, so it may be wise to consider setting up a consultation with an attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.

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