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?
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.
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the government has the right to ask reimbursement from you if your sister obtains means tested public benefits such as medicaid and food stamps
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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.
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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Affidavits of Support cannot be withdrawn once accepted by the government.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.