How To Withdraw An I-130 Petition After Its Approval?

Once the U.S. Citizenship and Immigration Services (USCIS) approves an I-130 petition, it signifies the initial step in uniting family members through immigration. However, circumstances can change; sometimes, revoking or withdrawing this petition becomes essential. 

Whether due to personal reasons, changes in family dynamics, or any other unforeseen factors, understanding the steps and requirements for withdrawing the petition is crucial. Read on to learn about the process and considerations for successfully withdrawing the petition.

What Is An I-130 Petition?

The Petition for Alien Relative aims to prove the relationship of an American to a foreign national who wants to live in the United States. The U.S. citizen or lawful permanent resident is responsible for submitting this form to the USCIS on behalf of their immediate family members. These individuals include spouses, parents, children, and siblings.

Upon the approval of this petition, the beneficiary or family member gains eligibility to apply for an immigrant visa. It paves the way for potential Adjustment of Status to be a Green Card holder in the United States. However, life is filled with unexpected twists, sometimes requiring individuals to make significant decisions. Such is the withdrawal of an I-130 petition, even after it has received approval. The question at hand is how? 

How Do You Withdraw The Petition After Its Approval?

After the approval of your petition, unforeseen circumstances may move you to withdraw it. However, just like other big decisions, you must weigh these considerations and know the steps involved in the cancellation. 

Communicate With An Immigration Lawyer

It is important to speak with an immigration lawyer. Plan a meeting or phone call to inform them of your intention, and ensure to include all pertinent information and your reasons.

Draft A Withdrawal Letter

The withdrawal request should be made explicitly in the letter, including the receipt number and the petitioner’s and beneficiary’s names. Write down your explanation for the withdrawal and highlight the new circumstances that make it necessary.

Gather Supporting Documents

Obtain any evidence you can to back your withdrawal request. It may include communication with the USCIS, proof of the altered situation, or any other pertinent data supporting your decision. Your lawyer will advise you as to which papers are relevant and helpful.

Monitor The Progress Of Your Case

Check the USCIS website or with your attorney to see how your withdrawal application is progressing. It is to ensure the cancelation is correctly processed.

Going through the whole process of petitioning for a foreign family member can be complex and time-consuming. Therefore, it might seem a waste to consider canceling it. However, aside from the changing circumstances, there are other reasons why someone might need to withdraw such an important form.

What Are The Common Reasons For Withdrawing The Petition?

Answers can vary on why people decide to withdraw their petition. As one navigates the intricacies of family-based immigration, there are several reasons why someone might want to hit the brakes on their application. From personal changes to shifting priorities, immigration rules, and regulations, there’s a lot to consider.

Changed Circumstances

Sometimes, life changes affect the petitioner or beneficiary, making the immigration procedure complicated or unpleasant. For instance, a petition may lead to withdrawal if a couple chooses to separate ways or file for divorce. Withdrawing recognizes the altered circumstances and avoids complexities or delays in the immigration procedure.

Ineligibility

Upon deeper assessment or after speaking with an immigration attorney, the petitioner or beneficiary shows they do not fit the criteria for the petition. It can be due to several factors. One is learning the relationship is ineligible for immigration benefits. The other reason can be the petitioner or recipient lacks the supporting evidence to prove their relationship. In such situations, it would be wiser to withdraw the petition rather than submit a request that may only lead to denial.

Immigration Strategy

Sometimes, a more comprehensive immigration plan may include withdrawing an approved Petition for Alien Relative. The petitioner or beneficiary may have thought of a better or more favorable option available to them. For instance, they have realized they are more qualified for a different family-based category or a new type of Visa. When this occurs, they can refocus their efforts on the more achievable immigration process by withdrawing the petition.

Administrative Issues & Delays

Administrative problems or unanticipated delays may occasionally occur throughout the immigration procedure. The petition’s progress slows down due to lengthy processing timeframes, requests for further documentation, or administrative mistakes. Petitioners may start to lose hope and decide to withdraw. 

They can also try other alternatives if the delays or issues become burdensome. The petitioner can opt to try another method if there are signs the matter is not progressing smoothly.

Whatever reasons for withdrawing your petition, it pays to seek legal advice or get a second opinion in all immigration-related situations. Speaking with a knowledgeable immigration lawyer can provide insightful advice on what appropriate course of action to take according to your situation.

How Can An Immigration Attorney Help You?

An immigration lawyer can be helpful if you need to withdraw an I-130 petition. Here’s how they can assist you in this process:

Legal Knowledge

Immigration law can be highly complex and subject to change. An attorney can provide you with a deep understanding of the legal implications of withdrawing an I-130 petition. They ensure that you follow all applicable laws and regulations.

Assessment Of Eligibility

An experienced I-130 attorney will assess your situation to determine if withdrawing the petition is the best action. They can advise you on alternative options, such as amending or proceeding with the application.

Documentation

Your lawyer will help you prepare the necessary documents to formally request the petition withdrawal. This includes drafting a withdrawal letter or filing the appropriate forms with the USCIS.

Communication

Your attorney can act as an intermediary between you and USCIS, handling all communication on your behalf. They can ensure that the withdrawal request is submitted correctly and that USCIS acknowledges it.

Mitigate Consequences

If any potential negative consequences are associated with the withdrawal, your attorney can guide you on minimizing these effects. They can walk you through the process and ensure you know of any repercussions. It is important to do things properly to avoid encountering issues when dealing with USCIS in the future.

You can indeed file for the Petition for Alien Relative by yourself. You can also withdraw it without any professional help. However, doing it alone does not guarantee a hassle-free process. It would always be wise to have a legal representative assisting you. After all, their goal is to protect your interests and ensure that you make informed decisions throughout the immigration process.

How Long Does It Take To Withdraw The Petition?

When a petitioner decides to withdraw an application and submits a written statement to the USCIS, it typically spans one to three months. The USCIS reviews the request during this period and deliberates on the withdrawal. Eventually, they will return a formal decision letter to the petitioner and the respective family.

It’s important to understand that this procedure doesn’t adhere to the same processing time standards as when you file a new application with USCIS. When you submit a withdrawal request, you essentially cancel an existing application rather than initiate a new one. As a result, there is no predetermined or standard processing time for the withdrawal process.

The absence of a standard processing time underscores the uniqueness of the withdrawal process. It operates on a case-by-case basis, and the timeframe can vary depending on various factors. It may include the complexity of the circumstances, the volume of requests the USCIS is currently processing, and other administrative considerations. Therefore, individuals who withdraw applications should exercise patience and allow this variable processing period to unfold.

During this period, it’s advisable to maintain open communication with your immigration attorney to stay informed about the progress of your withdrawal request. Additionally, you can address any questions or concerns that may arise to them.

Summary

Withdrawing an I-130 petition, the initial step in family immigration, may become necessary due to various reasons. To initiate the withdrawal process, a petitioner submits a written statement to USCIS, which takes approximately one to three months to process 

The common reasons for withdrawal include changing circumstances, ineligibility, better immigration strategies, and administrative issues. Therefore, seeking legal counsel from an immigration attorney is advisable in such cases. Doing so ensures compliance with complex immigration laws and regulations.

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