Withdrawing an immigration case from U.S. Citizenship and Immigration Services (USCIS) or the National Visa Center (NVC) can be necessary for various reasons—whether due to changes in personal circumstances, errors in the application, or a decision to explore other immigration options. Understanding the process and knowing how to navigate it effectively is crucial to avoid potential complications in the future.
This guide will walk you through the process of withdrawing your case, the implications of doing so, and what to expect once the withdrawal request is submitted.
Why Would You Want to Withdraw Your Immigration Case?
There are several reasons why someone might wish to withdraw an immigration case:
- Change of Circumstances: Perhaps your situation has changed since you filed your application—such as getting married or divorced, moving to another country, or deciding not to pursue U.S. residency.
- Errors or Missing Information: If you’ve realized there are mistakes or incomplete information on your application, it may be easier to withdraw and refile rather than amend.
- Choosing a Different Immigration Path: You may have found another visa or immigration route that better suits your needs, leading you to withdraw your existing case.
- Job or Family Situation Change: For employment-based or family-sponsored petitions, changes in the employer’s status or relationship dynamics (like the death of a petitioner or sponsor) may require the withdrawal of the case.
Regardless of the reason, it’s essential to follow the appropriate steps to ensure the case is formally withdrawn, and there are no issues in the future if you decide to reapply.
Steps to Withdraw Your Immigration Case from USCIS
If your application or petition is with USCIS and you wish to withdraw, here’s how to go about it:
1. Write a Withdrawal Request Letter
To withdraw your case, you need to write a formal letter to USCIS. This letter should include the following information:
- Your Full Name (as it appears on the application)
- Receipt Number (found on your USCIS receipt notice)
- A-Number (if applicable)
- Date of Birth
- Current Address
- Type of Application (e.g., Form I-130, I-485, I-129)
- Reason for Withdrawal (briefly explain why you’re withdrawing the application, but this is optional)
In the letter, clearly state that you wish to withdraw your application or petition and include any additional documents relevant to your case.
2. Send the Withdrawal Letter to the Right USCIS Office
Once your letter is ready, you need to send it to the USCIS office currently processing your case. This is usually the office listed on the receipt notice you received when you filed your application. Be sure to send the letter via a tracked mailing method (such as certified mail or FedEx) to ensure that it is received.
3. Confirm the Withdrawal
After submitting your request, USCIS will send you a confirmation notice acknowledging the withdrawal. This process typically takes several weeks, depending on their processing times.
Withdrawing a Case from the National Visa Center (NVC)
If your immigration case has progressed to the National Visa Center (NVC)—for example, if you’re waiting for consular processing or a visa interview—you will need to follow a slightly different process.
1. Contact NVC with a Formal Withdrawal Request
To withdraw your case from NVC, you will need to submit a request online or by mail. Like with USCIS, a written letter is required with your:
- Full Name
- Case Number or NVC Number
- Petition Type (e.g., family or employment-based)
- Reason for withdrawal (optional)
You can send this request through NVC’s Public Inquiry Form on their website or via postal mail. Be sure to mention that you want to terminate your case and keep a copy of the communication for your records.
2. Wait for Confirmation
After submitting the request, the NVC will review your case and send you a formal acknowledgment of the withdrawal. Similar to USCIS, this can take some time depending on the case load and processing times.
Things to Consider Before Withdrawing
Before you decide to withdraw your immigration case, it’s important to think about the long-term consequences and be certain of your decision. Here are a few things to consider:
- Non-Refundable Fees: Any fees paid to USCIS or NVC for your application or petition are non-refundable, even if you withdraw your case.
- Reapplication: Withdrawing your case doesn’t bar you from reapplying in the future, but the process will start from scratch. Keep in mind that previous applications and withdrawals may be scrutinized if you reapply later.
- Immigration Consequences: In some cases, withdrawing an immigration case may affect your legal status, particularly if you were awaiting an adjustment of status (AOS) or visa decision. Consult an immigration attorney if you’re unsure about how withdrawal will impact your situation.
- Potential Delays in Future Applications: Withdrawal and reapplication may cause delays if you decide to refile your immigration case.
Final Thoughts
Whether you’re dealing with a petition to sponsor a family member or an employment-based visa application, withdrawing an immigration case from USCIS or the NVC is a relatively straightforward process. However, the decision to withdraw should not be taken lightly, as it can affect your future immigration options. If you have any doubts or concerns, it’s always a good idea to consult with an experienced immigration attorney to ensure that you’re making the best decision for your situation.
By following the correct procedures, submitting all the necessary information, and keeping a copy of all communications, you can ensure that your withdrawal request is processed smoothly, with minimal complications.
