How to Withdraw a I-130 Petition

By Salvatore Jackson ; Updated June 20, 2017
Passport, visa and immigration law paperwork

An I-130 petition is the document that U.S. Citizenship and Immigration Services requires a U.S. citizen to file in order to obtain a visa for a spouse or family member. Because the process for obtaining a visa for a spouse or family member can take years, it is unfortunately common for the relationship between the petitioning relative and the beneficiary relative to deteriorate, particularly if the relationship is between two spouses. Because neither the U.S. Citizenship and Immigration Services or the National Visa Center has a form for withdrawing a visa petition, a petitioner must inform the National Visa Center in writing of her desire to withdraw an I-130 petition.

Provide information about your I-130 petition. In your letter, indicate your name and address. Provide the name of the immigrant relative on whose behalf you filed the I-130 petition as well as your relationship to the relative. Provide the date you filed your petition with U.S. Citizenship and Immigration Services and the number assigned to your case by U.S. Citizenship and Immigration Services.

Explain the reasons you wish to withdraw your I-130 petition in a detailed paragraph. Provide an explanation of the circumstances leading to the desire to withdraw the I-130 petition, including dates, events and names. If you are withdrawing the I-130 petition for a spouse on the basis of a divorce or separation, provide the date of separation and court where any separation or divorce petition has been filed.

Sign your letter withdrawing your I-130 petition in the presence of a notary. The National Visa Center will only accept a withdrawal letter that has been signed and notarized.

Mail your signed letter to the National Visa Center. In most instances, the National Visa Center will not send a letter confirming the termination of the I-130 petition.

Warning

Carefully consider the decision to withdraw an I-130 petition. The process of withdrawing a visa petition is irrevocable. A petitioner that withdraws an I-130 petition and wishes to reinstate the petition must refile, and any statements made in the withdrawal letter may be considered by U.S. Citizenship and Immigration Services as grounds to deny the subsequent petition.

About the Author

Salvatore Jackson began writing professionally in 2010. He has experience with international travel, computers, sports and law. Jackson is a licensed attorney with experience in legal research. He received his Juris Doctor from Tulane University in 2010.