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Withdrawing EB-3 immigration petition before I-485 is filed?

Woodbridge, VA |
Filed under: Immigration

Is it possible to withdraw EB-3 immigration petition after I-140 is approved but before I-485 is filed? If yes, who (beneficiary or the sponsor, or the representative) can file for withdrawal? If the petition is successfully is withdrawn, does it mean the record will indicate the applicant never filed any immigrant petition?

Attorney Answers 3


Yes it is possible to withdraw the I-140 after it is approved and b/f the 485 is filed. The petitioner (sponsor) or the petitioner's attorney (assuming he has not engaged in dual representation) can file for withdrawal. The fact of filing and withdrawal will not disappear, but if the beneficiary has not filed the 485 or does not have some other status, that person will not be in a good spot.

Ricky Malik, Esq.

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The EB-3 is 'owned' by the employer that signed the I-140. Yes, there will be a record of the withdrawal.

IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

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An employer can withdraw an I-140 at any time up to the 180th day after the I-485 is filed.

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.

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