withdrawal of Affidavit of Support

[Muddy 0]

[Federal Register: June 21, 2006 (Volume 71, Number 119)]

[Rules and Regulations]

[Page 35731-35757]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr21jn06-27]

[[Page 35731]]

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Part II

Department of Homeland Security

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U.S. Citizenship and Immigration Services

8 CFR Parts 204, 205, 213a and 299

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Department of Justice

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Executive Office for Immigration Review

8 CFR Parts 1205 and 1240

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Affidavits of Support on Behalf of Immigrants; Final Rule

[[Page 35732]]

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Withdrawal of Form I-864 or Form I-864A. (1) In an immigrant

visa case, once the sponsor, substitute sponsor, joint sponsor,

household member, or intending immigrant has presented a signed Form I-

864 or Form I-864A to a Department of State officer, the sponsor,

substitute sponsor, joint sponsor, or household member may disavow his

or her agreement to act as sponsor, substitute sponsor, joint sponsor,

or household member if he or she does so in writing and submits the

document to the Department of State officer before the actual issuance

of an immigrant visa to the intending immigrant. Once the intending

immigrant has obtained an immigrant visa, a sponsor, substitute

sponsor, joint sponsor, or household member cannot disavow his or her

agreement to act as a sponsor, joint sponsor, or household member

unless the person or entity who filed the visa petition withdraws the

visa petition in writing, as specified in 8 CFR 205.1(a)(3)(i)(A) or 8

CFR 205.1(a)(3)(iii)©, and also notifies the Department of State

officer who issued the visa of the withdrawal of the petition.

(2) In an adjustment of status case, once the sponsor, substitute

sponsor, joint sponsor, household member, or intending immigrant has

presented a signed Form I-864 or Form I-864A to an immigration officer

or immigration judge, the sponsor, substitute sponsor, joint sponsor,

or household member may disavow his or her agreement to act as sponsor,

substitute sponsor, joint sponsor, or household member only if he or

she does so in writing and submits the document to the immigration

officer or immigration judge before the decision on the adjustment

application.