Canceling Issued USCIS

[MaryMark 0]

I am the Petitioner of a family member Applicant is about to receive his Green Card as the USCIS has already issued it. I wish to cancel my petition. I have heard it is not an easy task and that I will have to hire a lawyer. Has anyone done this before and has a clue as to where I can start the process?

My reasons: The Applicant lied to me in order to get his Green Card. I feel I can't trust such person and that he is a liability in my life for the next 5 years. I know he is planning to apply for government assistance (SSI, MediCare, etc.) while having no monetary problems. Would any of these reasons be sufficient to USCIS?

Please help,

Mary M.

[Harsh_77 716]

This person would be your headache, if you sponsered him and he had full plans to be public charge, you are responsible for all the cost and govt can sue you to pay all that back.

You signed a form on his behalf during your process, which says this person would not be a public charge.

[Sergi9 110]

I am the Petitioner of a family member Applicant is about to receive his Green Card as the USCIS has already issued it. I wish to cancel my petition. I have heard it is not an easy task and that I will have to hire a lawyer. Has anyone done this before and has a clue as to where I can start the process?

My reasons: The Applicant lied to me in order to get his Green Card. I feel I can't trust such person and that he is a liability in my life for the next 5 years. I know he is planning to apply for government assistance (SSI, MediCare, etc.) while having no monetary problems. Would any of these reasons be sufficient to USCIS?

Please help,

Mary M.

I don't think an LPR qualifies for these benefits until after they have been here 5 years.

[NigeriaorBust 4,087]

You aren't off the hook in 5 years. You are off the hook after the immigrant has worked 40 quaters. That would be 10 years of they worked year 'round and it could be for life if they never work. You are also off the hook if they become a USC either of you die , they leave for good.

[NY_BX 397]

I am the Petitioner of a family member Applicant is about to receive his Green Card as the USCIS has already issued it. I wish to cancel my petition. I have heard it is not an easy task and that I will have to hire a lawyer. Has anyone done this before and has a clue as to where I can start the process?

My reasons: The Applicant lied to me in order to get his Green Card. I feel I can't trust such person and that he is a liability in my life for the next 5 years. I know he is planning to apply for government assistance (SSI, MediCare, etc.) while having no monetary problems. Would any of these reasons be sufficient to USCIS?

Please help,

Mary M.

If you're a victim of fraud you need to let ICE and USCIS know immediately. Call them, explain your situation and yes, consult a lawyer. Remove your petitions, sure.

Sorry you're going through this.

[MaryMark 0]

This person would be your headache, if you sponsered him and he had full plans to be public charge, you are responsible for all the cost and govt can sue you to pay all that back.

You signed a form on his behalf during your process, which says this person would not be a public charge.

So, what are you saying here? What if the individual does not listen to what I have to say? This is a free country and no one can force the other person to do something if they don't want to do. Yet, as a petitioner, I am responsible. Seems to me there should be a law to be able to cancel my petition if I found out I have been suckered and can no longer trust the Applicant.

[MaryMark 0]

I don't think an LPR qualifies for these benefits until after they have been here 5 years.

Sure they don't qualify, but most apply for them and unfortunately get them. They claim they have lost money, can't go back, don't have any bank accounts, cars, house, etc.

[Jojo92122 1,924]

So, what are you saying here? What if the individual does not listen to what I have to say? This is a free country and no one can force the other person to do something if they don't want to do. Yet, as a petitioner, I am responsible. Seems to me there should be a law to be able to cancel my petition if I found out I have been suckered and can no longer trust the Applicant.

Sorry to say this, but is is your job to make sure the person you are sponsoring to live in the US is a good person. When you say "I want to bring a relative to live in the US" by going through the immigration process, you have more information than the rest of US who are living in the US. By signing the I-864, you say that the person is a good person and not likely to be a public charge, and that you would guarantee to repay the US taxpayers for any means tested benefit the immigrant may receive. When you bring a relative to live in the US and you sign the I-864, you do so to protect the rest of us. It's your responsibility to protect yourself. You should not have petition a relative who was going to be lazy and try to take advantage of the situation.

[Jojo92122 1,924]

So, what are you saying here? What if the individual does not listen to what I have to say? This is a free country and no one can force the other person to do something if they don't want to do. Yet, as a petitioner, I am responsible. Seems to me there should be a law to be able to cancel my petition if I found out I have been suckered and can no longer trust the Applicant.

Sorry to say this, but is is your job to make sure the person you are sponsoring to live in the US is a good person. When you say "I want to bring a relative to live in the US" by going through the immigration process, you have more information than the rest of US who are living in the US. By signing the I-864, you say that the person is a good person and not likely to be a public charge, and that you would guarantee to repay the US taxpayers for any means tested benefit the immigrant may receive. When you bring a relative to live in the US and you sign the I-864, you do so to protect the rest of us. It's your responsibility to protect yourself. You should not have petition a relative who was going to be lazy and try to take advantage of the situation.

You should have understood that once the immigrant enters the US, you are fully responsible for any means based benefits that the person would receive. That is explicit in the I-864 that you signed.

It is inherently unfair to give the sponsor an "out" by claiming fraud in case of arguments between the sponsor and immigrant. It is unfair to give the sponsor the power to "return" the immigrant to his/her home country because of fights. If people could do this, then people would not give serious though when signing the I-864 because there would be an "out." This would also allow the sponsor to manipulate the immigrant with threats of losing his/her status.

Sorry about your situation, but you created it by bringing this person to the US. You are now responsible.

[Ironman140 45]

I second that !

Sorry to say this, but is is your job to make sure the person you are sponsoring to live in the US is a good person. When you say "I want to bring a relative to live in the US" by going through the immigration process, you have more information than the rest of US who are living in the US. By signing the I-864, you say that the person is a good person and not likely to be a public charge, and that you would guarantee to repay the US taxpayers for any means tested benefit the immigrant may receive. When you bring a relative to live in the US and you sign the I-864, you do so to protect the rest of us. It's your responsibility to protect yourself. You should not have petition a relative who was going to be lazy and try to take advantage of the situation.

You should have understood that once the immigrant enters the US, you are fully responsible for any means based benefits that the person would receive. That is explicit in the I-864 that you signed.

It is inherently unfair to give the sponsor an "out" by claiming fraud in case of arguments between the sponsor and immigrant. It is unfair to give the sponsor the power to "return" the immigrant to his/her home country because of fights. If people could do this, then people would not give serious though when signing the I-864 because there would be an "out." This would also allow the sponsor to manipulate the immigrant with threats of losing his/her status.

Sorry about your situation, but you created it by bringing this person to the US. You are now responsible.

[steveltx 0]

So, what are you saying here? What if the individual does not listen to what I have to say? This is a free country and no one can force the other person to do something if they don't want to do. Yet, as a petitioner, I am responsible. Seems to me there should be a law to be able to cancel my petition if I found out I have been suckered and can no longer trust the Applicant.

I believe there is a way to have the marriage annulled if there are solid evidence to prove the marriage itself is

a fraud. You need to hire an attorney to file the case in your district court to have the marriage annulled.

If the judge rules in your favor, then the whole thing is a fraud and of course you don't need to support him.

You need to have solid evidence in order to succeed. Speculation, accusations without the evidence to support them will fail.

Actually, I saw one case similar to yours succeeded in the court and the judge annulled the marriage.

The petitioner had the strong evidence to convince the judge that the marriage is a fraud.

It can be done and it will cost you money. You need to find an attorney.

Steve

[Jojo92122 1,924]

I believe there is a way to have the marriage annulled if there are solid evidence to prove the marriage itself is

a fraud. You need to hire an attorney to file the case in your district court to have the marriage annulled.

If the judge rules in your favor, then the whole thing is a fraud and of course you don't need to support him.

You need to have solid evidence in order to succeed. Speculation, accusations without the evidence to support them will fail.

Actually, I saw one case similar to yours succeeded in the court and the judge annulled the marriage.

The petitioner had the strong evidence to convince the judge that the marriage is a fraud.

It can be done and it will cost you money. You need to find an attorney.

Steve

First, we don't know if this is a spouse. The OP mentioned a family member. He/she did not mention a spouse.

Second, even if it is a spouse, an annulment does not get the sponsor off the hook for the I-864. The I-864 is a contract between the sponsor and the US government. Annulments and divorces are not part of the criteria that ends the I-864 obligations. In order for fraud to nullify the I-864, the sponsor has to show fraud on the other party making the contract - in this case the US government. The US government did not commit fraud when the sponsor signed the I-864. If the sponsor was duped by someone else (including the immigrant), then it's the sponsor's problem and not the US government. Why should the I-864 be cancelled if the sponsor didn't do his/her due diligence in petitioning for a family member. In the end, it comes down on who should pay if the immigrant receives means tested benefits; the sponsor who brought the person over or innocent taxpayers.

[Darnell 8,478]

I would suggest going into an InfoPass appointment, and ask for the ICE Shift Supervisor, explain all, then let them know you wish to withdraw your I-864, affadavit of support, because you believe the beneficiary is committing VISA FRAUD.

Once you tell the ICE Shift Supervisor that, face to face at yer local USCIS office, then he/she will tell you what else they will need to build a casefile against the beneficiary. USUALLY, this consists of a pile of evidence that you generate and provide .

Since the green card is already issued, then the beneficiary is already in the USA, yes?

or were you referring to a VISA that was granted at a US Embassy outside of the USA?

FWIW, you do not need a lawyer to do this - but (at this late stage) you need face time, almost immediately, at the local USCIS office.

Edited June 24, 2011 by Darnell

[Jojo92122 1,924]

It's not fraud for an immigrant to apply for or receive means tested benefits. In the I-864, the sponsor legally agreed to repay the US government if the immigrant receives means tested benefits.

Legally it is not fraud for an intending immigrant to tell the sponsor that he/she will not apply for means tested benefits and then do so once he/she is admitted as am LPR. People are free to change their minds. There is no legal contract between the sponsor and the immigrant about means tested benefits. The sponsor by signing the I-864 is on notice that he/she is responsible if the immigrant receives means tested benefits.

[SimranS 9]

You aren't off the hook in 5 years. You are off the hook after the immigrant has worked 40 quaters. That would be 10 years of they worked year 'round and it could be for life if they never work. You are also off the hook if they become a USC either of you die , they leave for good.

Since it takes only 5 years for someone to become a USC, maybe that's what the OP was referring to if they know the immigrant is planning to apply for citizenship.