We have seen that Form I-130 is the first step in helping certain family members obtain permanent residency. But cases are changeable and sometimes unforeseen events arise. So, today we will see how to cancel an I-130 petition and everything you need to know to take control of your immigration process.
The future of your loved ones is at stake in a family petition, which brings a special burden to the complexities of the system. Therefore, it is best to seek legal assistance to ensure your success. Don’t risk your family’s future. Contact our professionals at Zava Immigration Law Group and get the legal help you need.
Table Of Contents
Step-by-step removal process
So, how to cancel an I-130 petition? The process for withdrawing an I-130 petition can be summarized in the following steps:
Step 1: Letter of withdrawal
The first step is to draft a letter of withdrawal in English to file with USCIS. In it you should make clear your intention to withdraw your I-130 petition. In addition, you must include the following information:
– Name of the resident/citizen petitioner and his/her U.S. address.
– Full name, date and place of birth of the beneficiary.
– Date the petition was admitted for processing by USCIS. This information is on the confirmation notice of receipt of the paperwork.
– Brief description of the reasons for canceling your petition.
Step 2: Gather Supporting Documents
To withdraw an I-130 petition you must provide evidence to support your request. This may include messages or any communication with USCIS, evidence of your change in status, or any other relevant data to support your decision. However, it is best to consult with an attorney about the documentation relevant to your case.
Step 3: Submit Documentation
Once you have drafted your withdrawal letter and gathered supporting documentation, you should send it to the immigration office to which you initially sent the I-130 petition.
Step 4: Case Follow-up
Once the documentation is submitted, it is best to periodically consult with USCIS and/or an immigration attorney to ensure that your request for cancellation of the I-130 petition is processed correctly.
A family petition is a complex and time-consuming process. Therefore, it is important to consult with an immigration attorney and analyze the consequences of canceling it. Don’t risk your family’s future. At Zava Immigration Law Group we can help you. Tell us about your case and let’s secure your family’s future together.
What are the grounds for requesting cancellation?
There are several grounds for cancellation of an I-130 petition. From changes in personal status to changes in immigration laws, there are many factors to consider. However, the most common causes are:
- Change of Circumstances: Changes in your personal circumstances, such as a separation or divorce of a partner, or other changes in your life that could complicate the immigration process are valid grounds to cancel an I-130 petition.
- Ineligibility: If for any reason you are no longer able to meet the criteria for the petition or to obtain evidence to prove the family relationship, you may request cancellation of your I-130 petition.
- Immigration Strategy: USCIS takes into account that, at times, it may be more convenient to opt for a more favorable or different visa category that is more beneficial to the applicant or beneficiary.
- Administrative Issues and Delays: Administrative problems, long processing times, requests for additional documentation, or clerical errors that slow the progress of the I-130 petition may be valid cause for cancellation.
Keep in mind that a family petition is a lengthy process, so canceling it may involve a great waste of time and resources. Therefore, it is best to consult with an attorney before proceeding with your application. At Zava Immigration Law Group we can help you. Tell us about your case and let’s secure your family’s future together.
How long does it take to withdraw the petition?
The process to withdraw an I-130 petition can take between one and three months. Please note that, during this period, USCIS will review your application and decide on the cancellation. Once a decision has been made, a letter will be sent to the petitioner and their respective family members.
However, you should be aware that there is no standard processing time for the cancellation process. This varies from case to case depending on multiple factors. Therefore, it is best to seek the assistance of an attorney. At Zava Immigration Law Group we can help you. Talk to a lawyer and get the legal help you need.
Until when can this request be cancelled?
If the beneficiary is in the United States, he or she may cancel his or her I-130 petition at any time prior to approval of adjustment of status. On the other hand, if the beneficiary is in another country, he/she may request withdrawal until he/she first enters the United States as a resident.
If your family member is in another country and his or her I-130 petition is advanced and/or in the process of going through consular processing, it is best to send a copy of the withdrawal letter to the National Visa Center (NVC) or the appropriate consulate. However, keep in mind that each case varies, so it is advisable to consult with an immigration attorney.
Things to keep in mind
When it comes to canceling an I-130 petition, there are two factors to consider. These are:
- You cannot take it back: If you request the cancellation of the I-130 petition there is no going back. In the event that the applicant regrets the decision, he/she will have to start the process from the beginning, filling out the documents again and paying the corresponding fees.
- Obligations as Sponsor: The duties associated with the maintenance declaration last for 10 years in most cases. Note that these obligations persist even if the applicant and beneficiary stop speaking to each other.
For all of these reasons, it is best to consult with an immigration attorney before filing a petition to cancel the I-130 petition. Don’t risk your family’s future by facing this process on your own. At Zava Immigration Law Group we can help you. Tell us about your case and get the quality legal help you deserve.
Special cases
Marriage between U.S. citizens and foreign nationals allows for certain exceptional situations when canceling an I-130 petition. In these cases, the citizen may cancel the foreign spouse’s petition both before and after the foreign spouse receives conditional residency. These situations are:
- Death of the applicant who is a U.S. citizen.
- Divorce, in which the foreign party can prove that the marriage was bona fide.
- Abuse suffered by the alien spouse on the basis of VAWA.
- Extreme situation, such as violence in the foreign spouse’s home country or illness of the foreign spouse.
In these situations, the citizen may refuse to sign the petition for removal of conditions. However, please note that each case varies. Therefore, it is best to consult with an immigration attorney before making a decision. At Zava Immigration Law Group we can help you. Contact us and get the legal help you need.
Who can request the cancellation of an I-130 petition?
Only U.S. citizen or permanent resident petitioners may request cancellation of an I-130 petition. However, please note that only certain immediate family members can be sponsored, which changes depending on the status of the petitioner.
Can the applicant request cancellation once the beneficiary becomes a permanent resident?
No, once the beneficiary has obtained residency it is not possible to file for cancellation of the I-130 petition. However, you may be able to cancel your residency if you prove that fraud or a similar situation has occurred.
What are the family immigration preference categories?
Family immigration preference categories are those that establish the order of priority based on the beneficiary’s relationship to the U.S. sponsor. For example, applications of siblings of citizens are processed more slowly than those of unmarried children under 21, as they fall into different preference categories (F4 and F1, respectively).
Do I have to have a consular interview if I am abroad?
Yes. If you wish to file the adjustment of status in conjunction with your I-130 petition while abroad, you must conduct the protocol interview as part of the consular process. However, you will not have to do an interview to withdraw the petition.
How can an immigration lawyer help?
An immigration attorney can be extremely helpful when it comes to processing the cancellation of an I-130 petition. And, while a professional can help you with multiple aspects of your application, the main advantages are:
- Legal Knowledge: Immigration laws are not only complex, but also constantly changing. In this regard, an attorney can help you understand the legal implications of a cancellation of the I-130 petition, ensuring that the process is in your best interest and that it is handled correctly.
- Evaluate admissibility criteria: An experienced family-based immigration attorney can verify that you meet all the requirements necessary to both file and cancel an I-130 petition. This can save you time and trouble with USCIS.
- Gathering Documentation: An immigration attorney can help you gather relevant documentation to support your request for cancellation of I-130 petition. In addition, he can help you draft your letter of withdrawal, avoiding misunderstandings that may cause problems with the immigration authorities.
- Mediation: Your attorney can handle communication with the immigration authorities on your behalf, acting as an intermediary between you and USCIS. This way, you can ensure that your application is submitted in a timely manner.
- Avoid problems: If the cancellation of your I-130 petition would have negative consequences, an immigration attorney may be able to advise you to minimize the effects. In addition, a professional can guide you through the process, making you aware of the possible consequences and avoiding problems with USCIS.
Whether you wish to file or cancel an I-130 petition, we at Zava Immigration Law Group can help you. Our lawyers will guide you through every step of the process, saving you unwanted problems and delays. Don’t risk your family’s future. Contact us and take the first step towards your new life in the United States.
Sources
USCIS – I-130, Petition for Alien Relative Petition
Other resources
I-130 Family Petition: What You Should Know
How to Apply for Permanent Residency for a Family Member, Step by Step
Exploring the Different Categories of Family Residency in the U.S.
Sibling-to-Sibling Family Petition: Requirements, Steps & More
What Year Sibling-to-Sibling Petitions Go In 2024
Consular Processing: A Step-by-Step Detailed Guide
Consular Interview for Residency: Everything You Need To Know
