What happens to the foreigner after you withdraw a petition?

Assuming that the I-485 application is still pending at the time that you withdraw the I-130 petition, your husband would no longer have a basis to immigrate based upon his relationship to you. USCIS would not deport such a person immediately – it would in all probability refer his case to the immigration court. Because of the backlog in the courts, he could conceivably remain in the US for years if he has any defenses or reliefs that he can present to the immigration judge. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.