More details to this question:
My wife withdraw our I130 and she sent the USCIS a letter to withdraw it, and now after she did she want to cancel the request, so, is there any way to cancel the withdraw request? And do they verify her request before do any action, I mean do the ask her to confirm her request or they just withdraw it?
5 ANSWERS
She can send another request to cancel the withdrawal of the I-130. It would be best for her to go to the local USCIS office and try to handle it through them.
Answered on May 13th, 2013 at 4:27 PM
Robert E. West
No, you must refile now.
Answered on May 13th, 2013 at 4:26 PM
Adebola O. Asekun
A petitioner may cancel or withdraw a petition at any time (even after it was approved) but before your get the green card. It is called automatic revocation. She does not have to give any reason. Once CIS gets her signed letter of withdrawal, CIS must honor that request See 8 C.F.R s.205.(1)(3)(A). If she changes her mind, she should notify the CIS office where the withdrawl letter was sent immediately. She can either request a reinstatement of the petition if it has been revoked or she can file a new petition. But, if her withdrawal included serious allegations about you, those allegations will not be cured by a new I-130. In any event, I ask that you hire a lawyer for this case.
Answered on May 13th, 2013 at 4:26 PM
Most likely, she will have to refile.
Answered on May 13th, 2013 at 4:25 PM
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Sheppard Mullin
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If CIS has received it it may be too late. She should make an infopass immediately to ask the status and rescind her withdrawal. If its too late, she can always file it again.
Answered on May 13th, 2013 at 4:25 PM