Removing petition

Asked about 2 years ago - Bronx, NY

My cousin found out that his wife who is in the US petitioning for him to migrate to the US, just had a child by another man. He wants to withdraw the petition but she is not willing can he withdraw the petition himself and how can he do this.

Additional information

will it affect his chances of migrating to the US in the future if he ignores it. His mom will be a citizen soon and would want to petition for him will he run into problems.

Attorney answers (3)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . I agree with my colleagues. He can without his application for adjustment of status though.

    Please click the link below for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
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    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Ksenia Alexandrovna Maiorova

    Contributor Level 16


    Lawyers agree

    Answered . He cannot withdraw the petition she filed, however, he does not have to emigrate based on the petition if he does not want to.

  3. Justin G. Randolph

    Contributor Level 16


    Lawyers agree

    Answered . No need for the petition to be withdrawn and it's not his petition. It's her petition for him. No one can force him to take advantage of it though. He ignores it and it will go away. Or he can divorce her and the petition would be even more meaningless.

    My answering this question does not form an attorney-client relationship. Always retain a qualified attorney... more

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