Withdraw Father's Petition from Grandparent for Me to Petition for Him

[Mrs Thor 16]

My father was petitioned by my grandmother 15 years ago. Until today, we are still waiting for his petition to be approved. He has attempted several times to come to the United States to visit me and my husband, but his visa application is always denied. They immigration's major reason is for him to wait for his petition from my grandma to be approved. 

Since I will be applying for my citizenship in few years from now, should my father withdraw his petition from his mother and wait for me (as her daughter) to sponsor for him to come to America? I think it would take many years if we would wait for his mother's petition. 

I hope someone can give me an advice about this situation. If my grandmother should withdraw her petition for my father, what are the steps to process this? Hope anyone here could help me! Thank you!

 

 

[Lil bear 4,201]

10 minutes ago, Mrs Thor said:

My father was petitioned by my grandmother 15 years ago. Until today, we are still waiting for his petition to be approved. He has attempted several times to come to the United States to visit me and my husband, but his visa application is always denied. They immigration's major reason is for him to wait for his petition from my grandma to be approved. 

Since I will be applying for my citizenship in few years from now, should my father withdraw his petition from his mother and wait for me (as her daughter) to sponsor for him to come to America? I think it would take many years if we would wait for his mother's petition. 

I hope someone can give me an advice about this situation. If my grandmother should withdraw her petition for my father, what are the steps to process this? Hope anyone here could help me! Thank you!

 

 

No need to withdraw your grandmothers petition .. when you are a USC simply start the IR5 process for your father.. he can use whichever visa category becomes available first .. yes, its likely to be your petition but you never know .. and once he has progressed with that, the other one “ dies”. 

[Mrs Thor 16]

8 minutes ago, Lil bear said:

No need to withdraw your grandmothers petition .. when you are a USC simply start the IR5 process for your father.. he can use whichever visa category becomes available first .. yes, its likely to be your petition but you never know .. and once he has progressed with that, the other one “ dies”. 

Thank you for your response. 

I do have another question related to this. My father wants to come and visit me soon and apply for a tourist visa. Since he got rejected several times from the immigration officers due to his petition from his mother, he decided that he wants this petition to be withdrawn. Although I want to sponsor him soon when I become a USC (as it's an easy/fastest way for him to come to US), he is not interested to be a permanent resident in the US. He just wants to visit, but this petition is hindering for him to come. Do you have an advice about this? 

 

[Lil bear 4,201]

23 minutes ago, Mrs Thor said:

Thank you for your response. 

I do have another question related to this. My father wants to come and visit me soon and apply for a tourist visa. Since he got rejected several times from the immigration officers due to his petition from his mother, he decided that he wants this petition to be withdrawn. Although I want to sponsor him soon when I become a USC (as it's an easy/fastest way for him to come to US), he is not interested to be a permanent resident in the US. He just wants to visit, but this petition is hindering for him to come. Do you have an advice about this? 

 

Even cancelling the current petition is unlikely to change the interviewing officers thoughts .. your father has indicated immigration intent in the past by the petition and that hasnt changed even if it is withdrawn. Hard space. 😓. Sorry   But if he has the $$ to apply he can try 

Edited June 18, 2022 by Lil bear

[SusieQQQ 11,586]

Agree with above, I would not assume that withdrawing the petition will automatically lead to getting a tourist visa. But if you feel that application can be abandoned as unwanted anyway, in favor of attempting to get a tourist visa, then you may as well do that. If the petition is not yet approved, I believe only the petitioner is able to withdraw it.

[Mrs Thor 16]

15 minutes ago, Lil bear said:

Even cancelling the current petition is unlikely to change the interviewing officers thoughts .. your father has indicated immigration intent in the past by the petition and that hasnt changed even if it is withdrawn. Hard space. 😓. Sorry   But if he has the $$ to apply he can try 

Thank you for your advice. The odds of getting tourist visa is minimal. Might as well wait as consular officers might not be convinced he has not intention to immigrate to the US as his daughter, other brothers, and his mother is in the US. I appreciate your help! Means a lot to me!

 

[Mrs Thor 16]

10 minutes ago, SusieQQQ said:

Agree with above, I would not assume that withdrawing the petition will automatically lead to getting a tourist visa. But if you feel that application can be abandoned as unwanted anyway, in favor of attempting to get a tourist visa, then you may as well do that. If the petition is not yet approved, I believe only the petitioner is able to withdraw it.

Thank you for your advice. Will speak this matter to him. Appreciate your help!

[SalishSea 17,827]

1 hour ago, Mrs Thor said:

Thank you for your response. 

I do have another question related to this. My father wants to come and visit me soon and apply for a tourist visa. Since he got rejected several times from the immigration officers due to his petition from his mother, he decided that he wants this petition to be withdrawn. Although I want to sponsor him soon when I become a USC (as it's an easy/fastest way for him to come to US), he is not interested to be a permanent resident in the US. He just wants to visit, but this petition is hindering for him to come. Do you have an advice about this? 

 

Withdrawing the petition will not change the outcome.

 

He has already established immigrant intent.  He has close relatives in the US.  You can't change those things.

[African Zealot 1,455]

Immigration intent is determined at a particular moment in time. The fact that someone  demonstrated immigration intent last year doesn’t mean he has immigration intent today. Circumstances change in life etc and sometimes people do lose interest in migrating.

 

If immigration intent were a permanent condition, nobody with an immigrant petition would be granted a non immigrant visa.

 

I support getting his mothers petition withdrawn. It doesn’t mean he will automatically be granted the visitor visa however it increases his chances (however little) and prima facie can be used as evidence he no longer has immigration intent.

[SusieQQQ 11,586]

Tbh, I find it odd that such a long term petition was used as a reason to repeatedly deny a tourist visa. Typically because they are so long term and they do not allow immediate adjustment, F3 and F4 petitions are seldom barriers to tourist visas. Not knowing anything else about the father’s situation makes it hard to judge but sure, if there’s no other reason to keep the F3 they may as well try. 

[SalishSea 17,827]

1 hour ago, African Zealot said:

Immigration intent is determined at a particular moment in time. The fact that someone  demonstrated immigration intent last year doesn’t mean he has immigration intent today. Circumstances change in life etc and sometimes people do lose interest in migrating.

 

If immigration intent were a permanent condition, nobody with an immigrant petition would be granted a non immigrant visa.

 

I support getting his mothers petition withdrawn. It doesn’t mean he will automatically be granted the visitor visa however it increases his chances (however little) and prima facie can be used as evidence he no longer has immigration intent.

Withdrawing an immigrant petition will not erase strong ties to the US.  Those ties will be used to evaluating ‘immigrant intent’ when adjudicating a B2 application, as required by law.

 

Obviously ‘immigrant intent’ can change and is not permanent, but it is always the lens through which any tourist visa application is judged.