How do I withdraw a petition or application with USCIS?
Sometimes, after an individual has submitted an application or petition to U.S. Citizenship and Immigration Services (USCIS), their plans change, and they want to withdraw it. If you need to withdraw an application or petition that you submitted to USCIS, then it is important to follow the correct procedures to avoid complications.
Why Would Somone Decide to Withdraw a Petition or Application with USCIS?
There are several common scenarios in which someone might decide to withdraw an application or petition. For example:
- A petitioner decides not to sponsor a relative for a green card.
- An applicant receives an offer they no longer wish to pursue.
- A job offer tied to an employment-based visa is no longer valid.
- You have decided to file in a different visa category.
Whatever the reason, withdrawing the application or petition must be done thoughtfully and carefully.
Who Can Make a Request to Withdraw a Petition or Application with USCIS?
It is important to note that only the person or entity that signed and submitted the application or petition can request a withdrawal. For example:
- If you filed Form I-130 (Petition for Alien Relative), then the petitioner must make the request.
- If an employer filed Form I-140 (Immigrant Petition for Alien Worker), then the employer must initiate the withdrawal.
- If you submitted Form I-485 (Application to Register Permanent Residence or Adjust Status), then the applicant must submit the withdrawal request.
If your attorney or accredited representative has submitted a request on your behalf and has a valid G-28 on file, then they can also submit the request to withdraw.
How do I Request to Withdraw a Petition or Application with USCIS?
USCIS does not have a form for withdrawing most types of applications or petitions. Instead, you will typically need to write a letter that includes the following information:
- Your full name and alien registration number (A-Number), if applicable
- Receipt number of the petition or application you want to withdraw
- Date of submission and the form type (e.g., I-130, I-485, I-140)
- A clear statement requesting withdrawal of the specific application or petition
- Signature of the person who filed the application
- Mailing address and contact information
It is very important to send the withdrawal request to the USCIS service center or office that is currently processing your case. You can find this information on the receipt notice (Form I-797) you received when the application or petition was accepted.
Important Considerations
- Once a withdrawal is processed, it cannot be undone. If you change your mind later, you most likely will need to refile and pay the fees again.
- You won’t get a refund of any fees paid, even if the application is withdrawn before being processed.
- USCIS is likely to use your records in future immigration decisions.
- If you’re in the U.S., withdrawing an application like Form I-485 (adjustment of status) could affect your legal status, so it is of the utmost importance that you understand the immigration consequences before proceeding.
How to Confirm a Withdrawal
Once your withdrawal request has been processed, then USCIS may send you a written acknowledgment, but not always. If you don’t receive confirmation after a reasonable period (e.g., 30–60 days), you may want to contact USCIS via:
- Online tools: Use your USCIS online account or Case Status tool.
- Phone: Call the USCIS Contact Center at 1-800-375-5283.
Final Thoughts
Withdrawing an immigration petition or application is a serious step that can have a lasting impact on the petitioner or applicant. If you are unsure of how a withdrawal may impact your situation, then you should consult with an immigration attorney. This is especially important if you’re in the middle of a status change or other legal proceedings.
If you would like additional information on how to withdraw an immigration application or petition, you may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling an appointment online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.
**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.
July 22, 2025