If you will recall, we have been talking about the Affidavit of Support that is required whenever a person immigrates based on his relationship to a U.S. citizen or lawful permanent resident. A sponsor (discussed several weeks ago) needs to establish that he can keep the immigrant off welfare. Two weeks ago, we discussed what are the obligations that a sponsor undertakes. Today I will talk about how long the sponsor’s obligations will last.
The rules are very strict. This is not a sign-it-and-forget-it document. It is not just to last a few years — unless the person becomes a U.S. citizen. Once the person becomes a U.S. citizen, the responsibilities under the Affidavit of support end. But if the person does not become a U.S. citizen, the sponsor’s responsibilities last until one of the following six circumstances occur:
- The immigrant becomes a US citizen (as stated above).
- The immigrant has worked 10 years.
- The immigrant loses his lawful permanent resident status and no longer lives in the United States.
- The immigrant goes through deportation (removal) proceedings and gets a new grant of adjustment of status.
- The Immigrant dies.
- You die.
Divorce DOES NOT terminate either the sponsor’s or the joint sponsor/household member’s liability under the Affidavit of Support.
I hope this is interesting and helpful. Remember that this is not legal advice. It is just a summary of certain aspects of immigration law which may or may not apply to your situation. I encourage you to consult an attorney if you think any of this may apply to your situation.
Gunnar Armstrong