My and My parent's GC sponsor revoking sponsorship

[NewApplicant 0]

Hi,

My Uncle (who is US citizen) had sponsored my and my parent's green card. My uncle wants to revoke his sponsorship to our green cards.

My parent got their green card 7 years back, but they live in Kuwait and come back to US regularly to maintain permanent residency here. Their green card was solely sponsored by my uncle. Currently my parents are not in US. If my uncle revokes his sponsorship,

1) what will happen to my parent's green card?

2) Can we get some other person to sponsor their green card? If yes, what is the procedure?

Further, I got my green card 4 years 11 months back. My green card was main sponsored by my uncle and co-sponsored by my dad's friend who is

too US citizen. I have already applied US citizenship and just today completed the naturalization interview successfully, now awaiting oath

letter. If my uncle revokes his sponsorship to my green card, how it will effect my citizenship process?

Thanks.

[Penguin_ie 5,997]

The sponsor (your uncle) cannot revoke his sponsorship once it is approved, ie once a greencard has been issued. So you are safe. However, he can make trouble for your parents if he contacts the authorities, because to maintain a greencard, they are supposed to live in the USA at least half of each year (hence the term Legal Permanent Resident).

[NewApplicant 0]

From your reply I do see that directly my uncle can not revoke his sponsorship. However, he can complain to USCIS about my parents permanent residency and how they are not staying in US and return back for some time every year to just maintain it. So I do not wish to fight my uncle or strain relationship with him as that might cause hardships for my parents. I will myself become US citizen in 1 month. Once I become US citizen, I will be eligible to sponsor my parents.

Now question is can I sponsor my parents green card (although they have already received it), and allow my uncle to remove his sponsorship by will?

[JimVaPhuong 4,863]

From your reply I do see that directly my uncle can not revoke his sponsorship. However, he can complain to USCIS about my parents permanent residency and how they are not staying in US and return back for some time every year to just maintain it. So I do not wish to fight my uncle or strain relationship with him as that might cause hardships for my parents. I will myself become US citizen in 1 month. Once I become US citizen, I will be eligible to sponsor my parents.

Now question is can I sponsor my parents green card (although they have already received it), and allow my uncle to remove his sponsorship by will?

No, the sponsor can't be changed once the green card has been issued.

Your parents are violating the terms of their permanent resident status. A green card is for people who reside in the United States. Your parents are not supposed to be living in Kuwait while they are permanent residents of the United States. Your parents are using their green cards as if it were some sort of extended privilege visitor's visa. If your uncle reports their behavior to ICE then I suspect that CBP will probably revoke their green cards the next time they try to enter the US. That would definitely end his responsibility for the affidavit of support.

Seeing as how you intend to become a US citizen soon, I suspect you want to do the right thing according to the laws of the United States. You will soon be swearing an oath to do exactly that. The right thing would be to tell your parents that they are violating immigration law. If they wish to be permanent residents of the United States then they should reside in the United States. If they wish to continue living in Kuwait then they should surrender their green cards to a US consulate.

[LIFE'SJOURNEY 970]

No, the sponsor can't be changed once the green card has been issued.

Your parents are violating the terms of their permanent resident status. A green card is for people who reside in the United States. Your parents are not supposed to be living in Kuwait while they are permanent residents of the United States. Your parents are using their green cards as if it were some sort of extended privilege visitor's visa. If your uncle reports their behavior to ICE then I suspect that CBP will probably revoke their green cards the next time they try to enter the US. That would definitely end his responsibility for the affidavit of support.

Seeing as how you intend to become a US citizen soon, I suspect you want to do the right thing according to the laws of the United States. You will soon be swearing an oath to do exactly that. The right thing would be to tell your parents that they are violating immigration law. If they wish to be permanent residents of the United States then they should reside in the United States. If they wish to continue living in Kuwait then they should surrender their green cards to a US consulate.

Jim, AMEN...sometimes people just have to do the right thing. Thanks for being the voice of reason. BTW, if I was the uncle I would be mad, that I was used this way too. That someone would want me to sponsor then for a life-time.

[VanessaTony 3,567]

From your reply I do see that directly my uncle can not revoke his sponsorship. However, he can complain to USCIS about my parents permanent residency and how they are not staying in US and return back for some time every year to just maintain it. So I do not wish to fight my uncle or strain relationship with him as that might cause hardships for my parents. I will myself become US citizen in 1 month. Once I become US citizen, I will be eligible to sponsor my parents.

Now question is can I sponsor my parents green card (although they have already received it), and allow my uncle to remove his sponsorship by will?

I agree with Jim. Your parents need to either live in the US (which you've stated they don't) or give up their GC's. Your Uncle cannot revoke his sponsorship but as stated, he COULD tell USCIS that they don't live in the country, provide some proof of that and they lose their cards. Sponsorship stops then.

If they give up their greencard you CAN sponsor them when they decide they actually want to live in the US. Bearing in mind that you will need to earn the amount required to sponsor them. For JUST you (assuming you have no kids or spouse right now) and your two parents, that's a 3 person household, that means you need to earn $22,887 a year, that's not a lot, but if you have kids or a spouse before you file for them, that amount goes up. Here's is the poverty line document: http://www.uscis.gov/files/form/i-864p.pdf

How long have your parents been living overseas? Have they accrued enough time in the US as LPR's to apply for naturalisation themselves? This would remove the need for a sponsor and they could live wherever they want. The issue with that is they would need to list ALL periods outside of the US since getting their GC. This could end up showing that they haven't been living as LPRs, but they also run that risk any time they re-enter the US.. that someone will notice they don't live in the US and they get denied and their GC's taken. They WILL be permitted to go before an immigration judge to plead their case, but if they've been violating the rules for so long, and coming back to "maintain it" it shows that they are aware that they need to live in the US and just don't care about breaking the rules.

Anyway good luck at your oath ceremony.