The process for canceling a visa petition varies depending on how far along the application is in process. Majority of foreigners migrating to the United States must have the application process started for them, by a family member or an employer who willingly files a petition on their behalf. The individual or company that files a petition is known as the “petitioner or sponsor” and the intending immigrant is the “beneficiary.” But what happens if either the petitioner or the beneficiary has a change of heart or the employer no longer needs the employee? There is a possibility that a visa petition can be canceled but it must be done rather quickly.
How Far Along Into the Process is the Immigrant Visa Petition?
To be able to back out of the immigrant visa process, the beneficiary or petitioner must understand a little more about the procedure. At the beginning, filing an immigrant petition must be filed with the U.S. Citizenship and Immigration Services (USCIS), using either a Form I-130, Petition for Alien Relative (family based) or an I-140, Immigrant Petition for Alien Worker (employment based). A filing fee, along with the application and supporting documents must be submitted. USCIS generally takes several months to approve or deny a petition.
After a petition is approved, the immigrant, with the help of the petitioner, is brought into the process, and files an application for an immigrant visa (if coming from abroad) or for an adjustment of status (if already in the U.S.).
Withdrawing a Petition While It Is Still Pending
If an I-130 or an I-140 application has not been approved by USCIS, it is quite easy to cancel it. All that needs to be done is to send a letter to USCIS, stating that you are choosing to withdraw. Ensure that you provide the receipt notice, if you received one from USCIS.
Though it is not guaranteed there is a small chance that USCIS might refund your filing fee, if USCIS has begun processing your application. If a check was provided, try canceling it at the same time you are attempting to withdraw the application.
Once a petition has been granted an approval by USCIS but a U.S. green card has not been issued, the petitioner will need to figure out which office is handling the case. Then he or she will need to send a request to the office handling the application. Within the letter of withdrawal a reason must be given why you are withdrawing the petition this way if one party is alleging fraud and the other is claiming abuse USCIS will keep those allegations in its records.
What if a U.S. Green Card Has Already Been Issued?
It will be much harder for a petitioner to withdraw his or her support when a U.S. green card has already been issued. By this time the immigrant is considered to have obtained a valid legal U.S. status in his or her own name. The only possibility might be if the petitioner alleges that the beneficiary committed fraud or a heinous crime. In this case, the petitioner would need to gather substantial evidence to support his or her allegations.
Consult With An Immigration Lawyer
Getting the assistance of an immigration attorney will help with these issues and the circumstances surrounding it. If you intend on canceling an immigrant visa petition as a sponsor. Contact Gambacorta Law Office today at 847 443 9303 to learn more about canceling an immigrant visa petition as a sponsor.
