There are many different petitions through which we sponsor our loved ones, either friends or alien relatives, to get permanent citizenship. When filing form I-130, the USCIS provides them with a permanent green card after some time. But what if we find out that the person we are going to sponsor is not deserving or is involved in any unethical practice.
Moreover, suppose our alien relative is included in any fraud or something. In that case, we don’t want to continue with our request anymore. We will need to withdraw our form I-130 to stop the person from getting a permanent green card. How long does it take to withdraw an I-130? And we will have to take some extra steps if the application I-130 has been approved. In addition to this, for the withdrawal of the I-130 petition, the person will need to collect all the data about the alien relative to prove ineligibility.
For What Purpose Form I-130 is Used?
Form I-130 is a petition designed by USCIS(US Citizenship And Immigration Services) for sponsoring alien relatives and in the process of the marriage-based green card also. Form I-130 is also called a petition for the alien relative. In the marriage process, an I-130 petition is used to prove the authenticity of the marriage and to sponsor foreign relatives for a green card.
I-130 Withdrawal Letter:
I-130 withdrawal letter is used in the case of the change of mind in sponsoring for the green card. Suppose if a person doesn’t want to sponsor the relative for some critical reasons, they have the chance by an I-130 withdrawal letter.
So the person will write a letter to the USCIS, but it should be the office where he hasn’t filed before. The letter will include the person’s name and date of birth and the relative’s name and date of birth. It should also have the receipt number of the petition that was filed and, in the end, the withdrawal statement.
How Long Does It Take To Withdraw An I-130?
First of all, the applicant must remember that withdrawing the form I-130 is not a new application, so he can’t check for the confirmed processing time. But it is estimated that withdrawing the application will take about 1 to 3 months. So the applicant will have to wait for 1 to 3 months for the concluding decision by the USCIS about I-130.
How To Withdraw Petition From NVC?
To withdraw the petition, the applicant has to make a statement that he wants to withdraw Form I-130 and submit all the documents proving the reasons for withdrawal. A G-28 will work on the signed request, and the attorney and representative will accompany. Moreover, the public inquiry form explains our situation and further reasons for the withdrawal application.
Application For Withdrawal Of The Petition After Approval:
Although the withdrawal of Form I-130 before approval is quite easy that the petitioner all has to make a statement, and it is done. But suppose the USCIS has approved the application of I-130, and now the person is considered an eligible citizen for the green card. In that case, it isn’t easy to take a step back. The petitioner needs to hire an expert lawyer to guide how to ensure the USCIS of the fraudster relative or spouse.
Consequences Of Withdrawing an I-130:
If a petitioner withdraws the I-130, the spouse or a relative will become ineligible for the permanent residence. They will be dropped from the queue of green cards and will have to start from scratch.
How Long Does It Take To Withdraw I-485?
For withdrawal of I-485, the petitioner will need an expert attorney. It takes about weeks to even months. The estimated time for withdrawal is 2 weeks to even 6 months. So it also depends on how the case is being presented.
Green Card Withdrawal:
If because for some reason, the person doesn’t want to live in the US permanently, then he or she can withdraw from the LPR status by filing form I-407. Through this, they can abandon their claim to the status.
How To Cancel An Immigrant Visa Petition:
Cancelling the visa or the green card sponsorship depends on the stage where the application has reached. But the application must be made under petition I-130 or I-140. If, after filing, the petitioner or beneficiary has changed their mind, they will send the statement of withdrawal. It will be a flat fee to process.
How To Create USCIS Withdrawal Letter?
To create a withdrawal letter, the petitioner will first write the name of the application form. And then all of our information, for instance, receipt number, petitioner and beneficiary’s data, and its status that where it has reached so far. After that, the petitioner will select the withdrawal reason, personal details, alien and petitioner contact details, and the printing receipt barcode.
FAQs.
How long does it take to withdraw I-130?
If the petitioner for some has changed their mind and doesn’t want to sponsor the relative anymore, he will simply withdraw the application within 1 to 3 months. But it depends on the status of the application and how far it has reached. If the application has been approved, it can take more than 3 months as the petitioner will have to prove the reason for withdrawal.
Can you withdraw an approved I-130?
Yes, you can withdraw an approved I-130. But withdrawing an approved application needs the support of an expert attorney or a lawyer. The lawyer will guide you on how to ensure the USCIS agency that it is a serious fraud because of which you are taking your step back.
How do I withdraw my I-130 petition before approval?
Withdrawing the I-130 petition before approval is comparatively easy. Here you simply have to write a withdrawal letter to the USCIS but must make sure that the letter is sent with an appropriate definition of a genuine reason. You will send the letter to the office handling your petition.
What happens when you withdraw a petition?
Firstly, the beneficiary will lose the green card and will start from scratch. It can be a withdrawal of marriage-based green cards also. Once an application has been withdrawn, there is no way a couple can get back to each other unless they file a new petition with a fee. Secondly, there will be serious complications during the new green card process and adjustment of status.
Wrap up:
We have found out that within a maximum of 3 months, we can withdraw our I-130 petition. But the person concerned about how long does it take to withdraw an I-130 must know that there is no any confirmed processing time as it is not a new application. Moreover, getting back comes with serious complications after withdrawal.