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Removing petition

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.

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

Posted

No need for the petition to be withdrawn and it's not his petition.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 before taking any action.

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Posted

wont 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.

Justin G. Randolph

Justin G. Randolph

Posted

No the only issue might be if they tried to claim that the marriage was fraud but if his mother petitions for him they should talk to an attorney.

Asker

Posted

can they claim marriage fraud if he ignores the case.

Posted

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

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Posted

wont 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.

Ksenia Alexandrovna Maiorova

Ksenia Alexandrovna Maiorova

Posted

Not unless the marriage was fraudulent.

Posted

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)
Subscribe to our Free Immigration Newsletter
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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