Q: Can the sponsor of a green card beneficiary file a petition to have that green card rescinded?

A: Yes, in certain circumstances, a sponsor of a green card holder (permanent resident) can request to have the sponsorship and green card revoked. This is typically done by filing Form I-130, Petition for Alien Relative, and withdrawing the petition.

However, there are some important considerations:

1. Timing: If the green card has already been issued, withdrawing the I-130 petition may not automatically revoke the green card. The revocation is more straightforward if the green card hasn't been issued yet.

2. Reason for revocation: The sponsor must provide a valid reason for seeking to revoke the sponsorship, such as instances of fraud or misrepresentation in the original petition.

3. Permanent residency status: If the sponsored individual has been a permanent resident for more than five years, they are no longer considered "conditional" permanent residents, and the sponsor's ability to revoke the green card is limited.

4. Consequences for the sponsored individual: If the sponsorship is revoked, the sponsored individual may face deportation proceedings if they have no other basis for maintaining their permanent resident status.

It's important to note that revoking a green card sponsorship is a serious matter with significant consequences. Consulting with an experienced immigration attorney is highly recommended before proceeding with such an action.

A: The sponsor of a green card can file a form trying to get the green card rescinded, but that does not mean that will actually happen. USCIS is understaffed and overloaded, so there is no guarantee it will even be looked at. You also need to have an extremely good reason or you may have significant legal problems of your own.