Withdrawing an I-130 petition, a form used to sponsor a family member for permanent residence in the United States is a serious decision. It’s essential to comprehend both the eligibility and potential repercussions.
An individual can withdraw an I-130 petition at any time before the United States Citizenship and Immigration Services (USCIS) makes a final decision on the beneficiary’s application for adjustment of status (Form I-485). If the I-130 is already approved, USCIS will generally allow withdrawal of the petition. However, withdrawal is prohibited if USCIS has reviewed the beneficiary’s I-485.
The action is irreversible once a petition is withdrawn, meaning the petitioner cannot reinstate or reverse the withdrawal. Starting a new petition after withdrawal places the beneficiary at the end of the line for processing. Additionally, withdrawal based on allegations of fraud, such as entering into marriage for immigration benefits, can trigger an investigation by USCIS or Immigration and Customs Enforcement (ICE).
Withdrawing an approved Form I-130, Petition for Alien Relative, requires careful consideration and adherence to the U.S. Citizenship and Immigration Services (USCIS) procedures. Once the USCIS has approved the I-130 petition, before the review of the I-485 Adjustment of Status application, the sponsor retains the option to withdraw their petition.
After withdrawing an I-130 petition, its impact radiates primarily toward the beneficiary’s immigration status and the petitioner’s ability to file anew.
Once the petitioner withdraws an approved I-130, the beneficiary should know their path to obtaining a green card is significantly affected. The withdrawal means USCIS will not proceed with the adjustment of status, and any pending applications allied to the I-130, such as an Application for Adjustment of Status (Form I-485), will typically be rejected or closed.
Should circumstances change, the petitioner can submit a new I-130 petition. However, the petitioner must consider that a fresh application will be subject to scrutiny and must be accompanied by the necessary supporting documentation to establish the bona fide nature of the relationship again. Additionally, the refiling process resets the priority date, affecting the beneficiary’s wait time for visa availability.
Withdrawing an approved I-130 petition can have significant consequences on the immigration status of the beneficiary. A petitioner should understand the possible legal outcomes before taking action.
Withdrawing an approved I-130 petition typically cancels the immigration process for the beneficiary. Here are the specifics:
Consulting an immigration attorney is crucial when considering the withdrawal of an I-130 petition due to the following:
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