If you’re thinking about withdrawing a petition or application with U.S. Citizenship and Immigration Services (USCIS), it’s essential to follow the correct process. USCIS requires specific information before it will acknowledge a case withdrawal. This blog will guide you through what to include, how to send it, and when to submit it to avoid case delays.
Table of Contents
1. Why Proper Withdrawal Matters
If USCIS does not receive a valid request to withdraw a case, your application or petition will continue to be processed, even if you wanted to cancel it. Submitting a proper withdrawal ensures that your case is officially closed and avoids future complications.
2. Who Can Submit a Withdrawal
According to the USCIS Policy Manual Volume 1, Part B, Chapter 2:
- Only the person who filed the immigration benefit request (such as Form I-130) can submit a valid withdrawal.
- Parents or legal guardians may submit the request on behalf of a child under 14 or a mentally incompetent person of any age.
- Attorneys or accredited representatives may help prepare the letter, but they cannot sign it on your behalf. A Form G-28 alone does not give them the authority to sign a withdrawal notice.
3. What You Need to Include
To ensure USCIS acknowledges your withdrawal, your letter must include the following:
- A personally signed letter from the petitioner (or legal guardian, if applicable) stating that you wish to withdraw the petition or application
- The receipt number for the case (example: NBL1130NBCT13000035568808)
- A clear statement requesting the withdrawal of the specific form (e.g., “I request to withdraw Form I-130”)
- A copy of all pages of the USCIS letter you received
Note: If USCIS received a withdrawal letter from your attorney, it will not be accepted unless you also provide a personally signed letter.
4. Where to Send Your Withdrawal Notice
You can send your withdrawal request in one of two ways:
- By Mail: Send your response to the address listed in your official USCIS notice. Always include a copy of the entire USCIS letter with your documents.
- Online: If you have a USCIS online account, you may scan and upload your signed letter and the USCIS letter through your account.
5. Tips to Avoid Mistakes
- Do not allow your attorney or representative to sign the letter on your behalf.
- Include the full USCIS letter with your response.
- Clearly state your intent to withdraw and include all necessary details.
- Submit your response before the deadline.
Schedule a Consultation with an Immigration Lawyer
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If you have questions regarding a U.S. Immigration matter, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
