Legal Question in Immigration Law in California

Hello,

I am the sponsor for processing a green card for my mother-in-law and signed the Affidavit of Support. Is it possible to remove my responsiblity for my mother-in-law support based on this Affidavit of Support document?

Is there an INS Immigration application for me to fill-out and become exempt from the responsiblities of this Affidavit of support?

My mother-in-law s green card will be expirng her soon April 2013 and I don't want to be responsible for her again. I figured, ten years is enough for me.

She currently lives outside of the US for more then 5 years so her permenent residance is not in the US and only comes to visit her family once and awhile.

Also, if my mother-in-laws sons attempts to renew her residency using the I-90 application don't I need to sign for this application as sponsor.

Any help would greatly appreciated!

Juan Amore


Asked on 4/21/12, 1:49 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Anyone who files an I-864 or I-864A (Affidavit of Support; Co-Sponsor Affidavit of Support) is responsible for the immigrant if the immigrant applies for welfare or other government aid. In that instance, the government can go after the the person who filed the Affidavit of Support on the immigrant's behalf for reimbursement of said government benefits. The obligations under the Affidavit of Support only terminate upon: the immigrant becoming a U.S. citizen; death; working for 40 qtrs/10 yrs (paying into social security); or leaving the U.S. permanently.

There is no form to opt-out of the Affidavit once it is filed, & filing an I-90 will not release you from potential obligation either.

However, if she has been outside the U.S. for over 5 yrs, she'll probably lose her greencard anyway, unless she re-enters on a valid re-entry permit.

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Answered on 4/23/12, 10:32 am


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