As a U.S. citizen or lawful permanent resident planning to petition for a foreign-born family member’s immigration, you might want to know about what happens if you withdraw and this guide explains the stages of the process.
Withdrawing Before USCIS Approval
The first step in sponsoring a family member’s immigration involves filing the Petition for Alien Relative (form I-130) with U.S. Citizenship and Immigration Services. If you want to withdraw it before it’s approved, you can do so by sending a letter to the USCIS office handling your petition. Still, this office might be different from where you initially filed, so check your receipt notice or contact their Contact Center to confirm the correct office.
The letter should include:
- Your full name and date of birth.
- relative’s full name and date of birth.
- The receipt number from your Form I-130 receipt notice (Form I-797).
- A clear statement of your intent to withdraw the petition.
- After sending the letter, you should receive a confirmation within a few weeks. If you don’t, consider consulting an attorney to ensure the petition is properly withdrawn.
Withdrawing After USCIS Approval
you need to act quickly. Ideally, do this before:
- USCIS makes a final decision on your relative’s adjustment of status application (Form I-485) if they are in the U.S.
- Your relative gets an immigrant visa from a U.S. consulate abroad.
- To withdraw, send a letter similar to the one described above to the USCIS office that approved your I-130 petition.
After the Green Card Is Approved
If your relative has already received an immigrant visa and entered the U.S., becoming a lawful permanent resident, or if their green card has been approved, withdrawing your petition becomes more complicated. You can request to rescind the petition, but they are unlikely to act unless fraud is involved, If that is the case, USCIS will investigate further.
For example, if you claim that the marriage was solely for obtaining a green card, your involvement and any potential compensation will be examined In such cases, it’s important to consult an immigration attorney before taking action.
Explaining Your Change of Heart
False statements on the I-130 petition can lead to penalties, including fines and imprisonment. Additionally, USCIS might use your reasons to deny future petitions for other relatives but if you are withdrawing due to reasons like a change in your relationship or financial issues, you can request to cancel the petition without fear of penalties or future petition denials.
Understanding how to withdraw a family-based immigration petition is crucial, especially when circumstances change. The ability to withdraw depends on the stage of the process and whether fraud is involved. Following the correct procedures and seeking legal advice when needed will help you navigate this complex process effectively.
