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 If you don’t, consider consulting an attorney to ensure the petition is properly withdrawn.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.
Reasons for Withdrawal Petition for Family Immigration
- Change in Relationship: If your relationship with the beneficiary changes (e.g., divorce), you can withdraw the petition without facing penalties.
- Financial Constraints: If financial issues arise that prevent you from sponsoring your relative, you may also withdraw the petition.
- Legal Risks: Be cautious when providing reasons for withdrawal, as misrepresentation could lead to penalties or affect future petitions.
Impact of Naturalization on Petition for Family Immigration
If you become a U.S. citizen after filing an I-130 as a lawful permanent resident (LPR), your family member’s visa category may change, potentially expediting their immigration process. You must notify both USCIS and the NVC of your new status to upgrade their visa classification.
Future Petitions
Withdrawing a petition does not generally affect your ability to file future petitions for other family members, provided that you do not misrepresent facts during the withdrawal process.
What are the risks of withdrawing a petition for family immigration?
Risks of Withdrawing a Petition for Family Immigration
- Limited Options After Approval: If your Form I-130 (Petition for Alien Relative) has already been approved, withdrawing it becomes more complicated. You can only do so if the immigrant visa or green card has not yet been issued. Once the beneficiary has received their visa or green card, it is challenging to rescind the petition without alleging fraud, which could lead to serious consequences for both parties involved.
- Potential Legal Consequences: If you disclose reasons for withdrawal that suggest fraud or misrepresentation, you may face legal repercussions, including fines or criminal charges. USCIS may investigate any allegations of fraud, scrutinizing your involvement and intentions during the petition process.
- Impact on Future Petitions: Sharing your reasons for withdrawing a petition can affect your ability to file future petitions. If USCIS perceives your withdrawal as suspicious or related to fraudulent activity, it might scrutinize any subsequent applications you submit for other relatives.
- Affidavit of Support Obligations: If you withdraw a petition, you still remain bound by the Affidavit of Support (Form I-864) you signed. This form requires you to provide financial support for the immigrant for a specified period, typically ten years. Your obligation continues even after you withdraw the petition unless the beneficiary becomes a U.S. citizen or their status is revoked due to fraud.
- Emotional and Relational Implications: Withdrawing a petition can have personal ramifications, especially if it stems from deteriorating relationships. This decision might affect family dynamics and future interactions with the beneficiary.
After the Green Card Is Approved
If your relative has received an immigrant visa and entered the U.S. as a lawful permanent resident, or if USCIS has approved their green card, withdrawing your petition becomes more complicated. You can request to rescind the petition, but USCIS is unlikely to take action unless fraud is involved. In those situations, USCIS will conduct a further investigation.
For example, if you allege that the marriage was solely for obtaining a green card, USCIS will examine your involvement and any potential compensation. Before taking action, it’s crucial to consult an immigration attorney.
Explaining Your Change of Heart for Petition for Family Immigration
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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your Petition for Family Immigration straightforward and successful. Whether you’re applying for an Immediate Relative Visa (IR) or a Family Preference Visa (F), we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure visas/permits and petition for family immigration in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
