I-130 Withdrawal

[anacosmos 1]

Good morning everyone. I’ve searched this forum for awhile but couldn’t find the answer to my question. 
I’ve submitted an I 130 petition for my mother in November 2021 after becoming a citizen. At the time, she was planning on immigrating to the States. 
But her situation has changed. 
1. My grandmother broke her hip and is unable to move so my mom has to provide constant care 

2. My sister had a baby and she is a single mother

 

The status of my petition is Case is being reviewed by the USCIS as of March 2022. 
my question is, how do I withdraw the application? I’ve seen on the internet that you need to send a letter to USCIS explaining your withdrawal. 
also will we get penalized and will the withdrawal affect any future applications? 
Thank you! 

[Crazy Cat 41,901]

You have a couple options:

1.  Allow the petition to reach NVC, then delay submitting document and paying fees.  You could keep the case there at NVC  by contacting them at least once a year.  Technically, you could delay it for years there.

2.  Email and/or send a letter to USCIS and withdraw.  There is no penalty.

Edited June 4, 2022 by Crazy Cat

[anacosmos 1]

5 minutes ago, Crazy Cat said:

You have a couple options:

1.  Allow the petition to reach NVC, then delay submitting document and paying fees.  You could keep the case there at NVC  by contacting them at least once a year.

2.  Email and/or send a letter to USCIS and withdraw.  There is no penalty.

Thank you for your response! Where do I send the letter? Since the case hasn’t been assigned to a processing facility. 

[Crazy Cat 41,901]

3 minutes ago, anacosmos said:

Thank you for your response! Where do I send the letter? Since the case hasn’t been assigned to a processing facility. 

It is at a service center.  Contact USCIS via "ask Emma" to inquire where it is.

Why not option #1? 

[anacosmos 1]

16 minutes ago, Crazy Cat said:

It is at a service center.  Contact USCIS via "ask Emma" to inquire where it is.

Why not option #1? 

I’m not sure I fully understand option 1. I have applied online through the portal and paid all the fees already. Also wouldn’t they just drop the case if you are stalling it like that? 
I just don’t want it to go any further since my moms situation seems to be semi-permanent at the moment. 

[Crazy Cat 41,901]

2 minutes ago, anacosmos said:

I’m not sure I fully understand option 1. I have applied online through the portal and paid all the fees already. Also wouldn’t they just drop the case if you are stalling it like that? 
I just don’t want it to go any further since my moms situation seems to be semi-permanent at the moment. 

You stated that the case is under review by USCIS.  After approval, it is then sent to NVC........automatically...  At NVC, you must submit more documents and pay more fees.  You can delay it there....or you can contact USCIS to wothdraw.

[Timona 4,207]

Having paid the fee, I would let it go to completion, come to US, trigger the GC and go back. Just make sure she doesn't stay out long to void GC residency. 

 

Alternatively, she can come, trigger GC, apply for AP and have it delivered at her home country. I believe there's an option for that. 

 

I wouldn't let time and money go down the drain. 

[SusieQQQ 11,586]

1 hour ago, Crazy Cat said:

You have a couple options:

1.  Allow the petition to reach NVC, then delay submitting document and paying fees.  You could keep the case there at NVC  by contacting them at least once a year.  Technically, you could delay it for years there.

2.  Email and/or send a letter to USCIS and withdraw.  There is no penalty.

If this were me I would do option 1 - it costs nothing other than a few minutes time once a year and keeps her options open should she change her mind, vs having to start all over again if you choose option 2.

[SusieQQQ 11,586]

7 minutes ago, Timona said:

Having paid the fee, I would let it go to completion, come to US, trigger the GC and go back. Just make sure she doesn't stay out long to void GC residency. 

 

Alternatively, she can come, trigger GC, apply for AP and have it delivered at her home country. I believe there's an option for that. 

 

I wouldn't let time and money go down the drain. 

Sounds like she will not be living in the US therefore will have problems maintaining residency. 
also you don’t /can’t apply for AP after you have a green card, I presume you meant a re-entry permit. That has limits too.

[Crazy Cat 41,901]

1 minute ago, SusieQQQ said:

If this were me I would do option 1 - it costs nothing other than a few minutes time once a year and keeps her options open should she change her mind, vs having to start all over again if you choose option 2.

Agree 100%......

[Timona 4,207]

3 minutes ago, SusieQQQ said:

Sounds like she will not be living in the US therefore will have problems maintaining residency. 
also you don’t /can’t apply for AP after you have a green card, I presume you meant a re-entry permit. That has limits too.

 

Yes..I meant re- entry in 😂

[anacosmos 1]

46 minutes ago, Crazy Cat said:

You stated that the case is under review by USCIS.  After approval, it is then sent to NVC........automatically...  At NVC, you must submit more documents and pay more fees.  You can delay it there....or you can contact USCIS to wothdraw.

Sorry this is my first time doing it so I’m not fully familiar with the process. 
so, if I decided to “delay” and not send the documents in, wouldn’t they just drop my case? Also how long can you delay it for? I’m not sure she will be able to come in the near future and as far as I understand you have to reside here for 6 months in order to keep your permanent residency 

[anacosmos 1]

24 minutes ago, Timona said:

Having paid the fee, I would let it go to completion, come to US, trigger the GC and go back. Just make sure she doesn't stay out long to void GC residency. 

 

Alternatively, she can come, trigger GC, apply for AP and have it delivered at her home country. I believe there's an option for that. 

 

I wouldn't let time and money go down the drain. 

I thought you supposed to stay in the US for 6 months to be able to keep your GC? She will not be able to stay this long due to aforementioned circumstances 

[Crazy Cat 41,901]

15 minutes ago, anacosmos said:

wouldn’t they just drop my case? Also how long can you delay it for? I’m not sure she will be able to come in the near future and as far as I understand you have to reside here for 6 months in order to keep your permanent residency 

No.  NVC will keep your case there as long as you contact them at least once a year (as has been explained above).  Reread @SusieQQQ's comment above.   If you withdraw, you will have to start from scratch at USCIS when she decides to relocate to the US.....

Edited June 4, 2022 by Crazy Cat

[SusieQQQ 11,586]

15 minutes ago, anacosmos said:

Sorry this is my first time doing it so I’m not fully familiar with the process. 
so, if I decided to “delay” and not send the documents in, wouldn’t they just drop my case? Also how long can you delay it for? I’m not sure she will be able to come in the near future and as far as I understand you have to reside here for 6 months in order to keep your permanent residency 

Crazycat already explained that no they won’t just drop it, provided you contact them at least once a year about it to keep the case active. Then, if/when she is ready to come x years down the line, you just pick up where you left off.

 

15 minutes ago, anacosmos said:

I thought you supposed to stay in the US for 6 months to be able to keep your GC? She will not be able to stay this long due to aforementioned circumstances 

Correct, I would not take this option because it doesn’t sound like she is currently in a position to maintain residency. Crazycat’s option 1 still makes the most sense to me.