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What happens to me if the person I have sponsored over into the United States decided to move out on their own after 1 year?

Mount Juliet, TN |

I sponsored my sister into the states, after 2 years she decided to move out without a steady income. What is my penalty for her actions? Will I still be responsible for her after she moves out? Her name is still on all my paper work for financial needs. Would I have to remove her from all paper work before she moves out?

Thank you!

Attorney Answers 4


  1. Once a foreign national has been granted Permanent Resident status, the petitioner and any co-sponsors cannot withdraw their Affidavits of Support. The AOS remains enforceable until the foreign national becomes a US citizen, until they have worked in the US for at least 40 quarters, or until either the foreign national or the petitioner/sponsor dies. If the foreign national becomes a public charge and receives public funding that they are not eligible for, such as welfare payments or food stamps, then the US government can enforce the AOS and, if needed, sue the petitioner/sponsor to refund the money paid out to the foreign national.

    Ari Sauer
    Immigration Lawyer
    Siskind Susser Law Firm
    Memphis, Tennessee

    Disclaimer: The information here is for educational purposes only and should not be relied upon without first consulting with an experienced immigration law attorney. The information given may not apply to your individual situation. Immigration laws, regulation and procedure change frequently. This information should not be relied upon as legal advice without first consulting with an immigration lawyer and is not intended to create an attorney-client relationship. Please note that this site is open to the public and any information posted by readers can be viewed by government officials. Ari Sauer is licensed as an attormey by the States of TN, NY & NJ, but is able to represent clients throughout the US. Practice limited to US immigration law. Neither NY, NJ nor TN offer certification as an Immigration Specialist. This is an advertisement.


  2. the government has the right to ask reimbursement from you if your sister obtains means tested public benefits such as medicaid and food stamps

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  3. No. Was it approved? What did you sponsor for?

    You should hire an experienced international immigration attorney to advise you specifically.

    Hire a lawyer to protect your legal rights.
    Jeffrey J. Estrella, Esq.
    Licensed Attorney and Counsellor At Law/Abogado y Licensiado
    Licensed in New York, New Jersey, and Connecticut
    The Estrella Law Firm, P.C.
    75-20 Astoria Boulevard, Suite 170
    Inside The Bulova Corporate Center
    Jackson Heights, NY 11370
    T. (347) 628-2391
    F. (718) 672-4728
    E. Estrella.Jeffrey@gmail.com
    www.EstrellaLawyer.com

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com


  4. If you are referring to the Affidavit of Support:

    Affidavits of Support are contracts with the US government wherein the person who signed them agrees to reimbures the Federal government for the costs of certain means tested benefits, if the immigrant requires and is given those benefits. The US government can sue to obtain that reimbursement.

    Affidavits of Support cannot be withdrawn once accepted by the government. They remain in effect until one of the following events take place:
    1. The person for whom it was filed has legally worked for 40 quarters in the US.
    2. The person for whom it was filed becomes a US citizen.
    3. The person for whom it was filed permanently leaves the US.
    4. The person for whom it was filed dies.
    5. The person who submitted the Affidavit of Support dies.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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