This article describes the overall procedures and standards set by the US Citizenship and Immigration Services (USCIS) to withdraw various applications. Although rare, it is best to withdraw the application in order to continue immigration procedures for the best interests of the applicant.
I. Request for withdrawal
Section 103.2 (b) (6) of the Federal Regulations states as follows.[a] The applicant or the petitioner may apply at any time until the decision is issued by the service or in the case of an approved application until the decision is given to the person by notice or adjustment or status change based on the petition Or you can withdraw the petition. Please write a letter to the CIS office where the application was submitted, for the applicant (application I-130, foreign applicant) who wishes to withdraw the visa application. In the letter,
1) Beneficiary name, date of birth, A number or receipt number.
2) The date on which the motion was filed.
3) Reason why the petition was canceled and the name of the petitioner. And
4) If sent from a lawyer or agent, notice of registration as G-28, attorney or agent.
II. Review of Withdrawal Request
In general, the applicant that is the subject of the caution procedure may withdraw the application in order to prevent detention or detention procedures. Withdrawal depends on the discretion of the attorney general,[a] Foreign nationals who applied for immigration can withdraw their entry from the United States and withdraw from the US at any time at the discretion of the attorney general. "INA § 235 (a) (4).
Gutierrez's Matter of Immigration Appeals ("BIA" or "Board") says, "Foreigners can not withdraw applications as a matter of rights, but need to convince the immigration judge that justice will be the best There are 39. By permitting withdrawal "19 I & N Dec 562, 564 (BIA 1988). The Board further further decided that personal shares of foreigners should not affect the decision to withdraw, but should control a narrower balance of "factors directly related to the interests of justice". Id. These elements include, but are not limited to:
1) It is the intention of a foreigner and leaving from the United States immediately.
2) previous findings of ineligibility to foreigners;
3) The seriousness of the crime.
4) The intention of a foreigner in violation of the law. And
5) Ability to easily overcome unacceptable reasons (lack of documentation).
The examiner's field manual stated that in situations where clear and prudent fraud practices are undertaken by the applicant, procedures to be removed promptly should normally be used rather than permitting withdrawal It is done. IFM Sec. 17.2 (a). However, withdrawal is appropriate in circumstances where foreigners do ignorance, ignorance, erroneous information, inappropriate advice to obtain inappropriate visas and do not hide information during the examination.Ido, that is, withdrawal The decision on whether to allow or not is based on "the interests of justice" and is not for foreign stocks of foreigners.
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