Trenton, NJ asked in Immigration Law for New Jersey

Q: Can the sponsor of a green card beneficiary file a petition to have that green card rescinded?

Related Topics:
2 Lawyer Answers

A: The sponsor of a green card can file a form trying to get the green card rescinded, but that does not mean that will actually happen.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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.