How to Legally Withdraw Sponsorship of a Family Green Card Application
Withdrawing a Form I-864 Affidavit of Support for an Alien Relative
A U.S. citizen or green card holder who files a petition to help a family member come to the U.S. may change their mind during the process and decide to stop pursuing their petition. They may lose their job and no longer feel comfortable supporting the foreign national family member, as required by the Form I-864 Affidavit of Support. Or their relationship with the foreign national may deteriorate, such that they would no longer benefit from their presence in the U.S.
Withdrawing an I-130 petition before approval is as simple as writing a letter to request the withdrawal.
If you have not yet received approval from USCIS for your Form I-130, you can easily withdraw the petition. This will involve writing the USCIS office that is reviewing your Form I-130, which may not be the same office to which you sent the petition. Together with your request for withdrawal, you should provide your name and date of birth, the name and date of birth of the foreign national, and the identifying number for the petition that you will find on the receipt notice (Form I-797). You should not need to take any further steps. USCIS will send you a letter confirming the withdrawal. If you do not receive any confirmation, you can ask an immigration attorney to help you confirm that the petition has been withdrawn.
Withdrawal After Approval of Form I-130
You still may be able to withdraw your petition if USCIS has approved Form I-130. However, you will not be able to withdraw it if USCIS has already reviewed Form I-485, which is the adjustment of status application for a foreign national. You also cannot withdraw the petition if the foreign national is already on their way to the U.S. after receiving their immigrant visa. If neither of these exceptions applies, you can follow the same steps as though USCIS had not yet approved Form I-130 to withdraw your petition.
A petitioner who alleges fraud may become the subject of a fraud investigation and face steep penalties if found to be a willing participant.
If USCIS has approved the foreign national’s green card already, you probably will not be able to withdraw the petition unless fraud was involved. If you allege that fraud occurred, you may face serious consequences. USCIS will investigate the case to determine whether you helped the foreign national commit immigration fraud. For example, they will want to know when you discovered the fraud and how soon you alerted USCIS to it. In some cases, U.S. citizens and green card holders help foreign nationals commit immigration fraud for payment, which can subject them to criminal penalties. You should make sure to consult an immigration attorney before revealing apparent fraud to USCIS.
Disclosing the Basis for Withdrawal
Many U.S. sponsors will feel reluctant to tell USCIS why they decided to withdraw their petition. They may have engaged in some questionable conduct, which could result in fines and other criminal penalties. Also, revealing their grounds for withdrawal might cause USCIS to view any future petitions that they file suspiciously. Not every reason for withdrawal is dubious, though. Telling USCIS that you are canceling your petition because you can no longer meet the Form I-864 support requirement or because your relationship with the foreign national has deteriorated should not adversely affect any future petitions that you file for foreign family members.
Immigration Law Center Contents
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Immigration Law Center
- Green Cards and Lawful Permanent Residence in the U.S.
- Becoming a U.S. Citizen Under Naturalization Law
- Immigrant Visas Leading to Lawful Permanent Residence in the U.S.
- Non-Immigrant Visas Providing a Legal Basis for Temporary Residence in the U.S.
- Work Visas Allowing Foreign Nationals to Legally Enter the U.S.
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Family Immigration Options Under the Law
- How Spouses and Fiances Can Legally Qualify for Visas and Green Cards
- How Children of Visa Applicants Legally Qualify for Derivative Status
- When Foreign Nationals Are Legally Protected Against Aging Out of Child Status During Immigration Waiting Periods
- Adopted Children, Stepchildren, and Legitimated Children Pursuing Green Cards
- Half-Siblings and Step-Siblings Pursuing Green Cards
- Proving Legal Domicile in the U.S. on an Affidavit of Support in a Family Green Card Application
- Why a Foreign National Spouse Is Legally Entitled to Support After Divorce
- Concurrently Filing a Family Immigration Petition and Green Card Application Under the Law
- How to Legally Add Children to Approved Family Immigration Petitions for Foreign National Parents
- How a Family Green Card Applicant Can Legally Enter the U.S. When Their Sponsor Dies Before Visa Approval
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How to Legally Withdraw Sponsorship of a Family Green Card Application
- When Crimes Against Children Can Legally Disqualify You From Sponsoring a Family Green Card Application
- Steps in Applying for Family Visas
- Investor Visas Providing Legal Status in the U.S.
- Visitor Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Student Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Denials of Visas or Green Cards & Your Legal Options
- Consular Interviews When Seeking a Visa or Green Card
- VAWA Petitions for Foreign Nationals Affected by Domestic Violence & Seeking Legal Status in the U.S.
- How Children of Foreign Nationals Affected by Domestic Violence Can Legally Obtain Immigration Status
- Work Authorization for Foreign Nationals Without Green Cards
- How Foreign Nationals Unable to Return Home Safely May Legally Qualify for Temporary Protected Status
- Asylum for Foreign National Refugees
- Humanitarian Parole for Foreign Nationals With Compelling Needs
- Advance Parole for Foreign Nationals Living in the U.S. Without Green Cards
- Deferred Action for Childhood Arrivals (DACA) and Temporary Legal Protections From Deportation
- Visa Waiver Program for Brief Visits to the U.S. Without Formal Legal Status
- Grounds for Finding a Foreign National Legally Inadmissible to the U.S.
- How the Deportation Legal Process Works
- Appeals of Immigration Decisions Through the Legal Process
- LGBTQ+ Individuals Facing Immigration Legal Issues
- Inspections of Foreign Nationals Seeking to Legally Enter the U.S.
- Unlawful Presence in the U.S. & Legal Penalties
- Tax Law Issues for Visa or Green Card Holders
- Waivers of Legal Inadmissibility to the U.S.
- How a Criminal Record Legally Affects Immigration Status
- How Social Media Use Can Affect Legal Admissibility to the U.S.
- Immigration Law FAQs
- Immigration Legal Forms
- Find an Immigration Law Lawyer
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