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Can an I130 petition be removed by sponsor?

Chicago, IL |

My husband and I have been married for two years. He is threatening to have my I130 petition removed since we are fighting constantly (He's the U.S citizen). I paid for the application and the lawyer to have it filed in May 2013. Does he have the authorization to have it removed?

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Attorney answers 6

Posted

He can withdraw the petition. You may be able to file a petition for a permanent green card without his help or knowledge based on VAWA. Consult an immigration attorney before doing anything and do it in a way that your USC spouse does not know.

Best,

Khaja M. Din, Esq.

Din Law, LLC
(312) 361-8462
www.DinLaw.com

Free Initial Consult For All Your Immigration Questions

Posted

If it has not been adjudicated, then yes, a petitioner can withdraw a petition.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Posted

It can be withdrawn, but you may have other options in that scenario. You should call your immigration lawyer ASAP.

This is not legal advice and no attorney-client relationship has been formed, now or in the future. This is just a casual opinion expressed about a hypothetical situation.

Posted

Yes, he can cancel the I-130 if it hasn't be adjudicated, nor used for a visa yet.

Talk to your lawyer.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Posted

Yes he can. However, your immigration petition, if otherwise free of issues, can stand on its own if you qualify for it based on abuse in your marriage. The purpose is to assist individuals such as yourself to no longer be dependent upon abusive marriages to qualify for the immigration petition. Consult an attorney in your area who can assist you determine if you qualify to file on your own, and if you do, to assist you with the application. Good luck!

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

Posted

Yes, he can withdraw it.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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