August 15, 2025
Withdrawing an immigration application or petition with the U.S. Citizenship and Immigration Services (USCIS) or the National Visa Center (NVC) is sometimes necessary due to changes in life circumstances, application errors, or shifts in immigration strategy. While the process is generally simple, understanding the implications and following proper steps is key to avoiding delays or complications in the future.
Reasons to Withdraw an Immigration Case
There are many valid reasons why an applicant may choose to withdraw their case:
- Life Changes: Circumstances such as marriage, divorce, relocation, or changes in intent may make continuing the case unnecessary or no longer beneficial.
- Mistakes in the Application: If your application contains incorrect or incomplete information, it may be more efficient to withdraw and refile.
- Pursuing a New Path: You may decide that a different visa or immigration process better suits your current goals.
- Changes in Sponsorship: If your petitioner or employer is no longer able to support your application (due to death, job loss, etc.), you may be required to withdraw.
Regardless of the reason, withdrawing your case through the correct procedure ensures that your immigration history remains clean and avoids issues if you apply again in the future.
How to Withdraw a Case from USCIS
If your case is still being processed by USCIS, follow these steps
- Draft a Withdrawal Letter
Your letter should include:
- Your full name (as listed on the application)
- Your USCIS receipt number (found on your Form I-797)
- A-Number (if applicable)
- Date of birth
- Current mailing address
- The type of form or application being withdrawn
- A brief explanation for the withdrawal (Optional)
Clearly state that you are requesting USCIS to withdraw your application or petition. You should also include a copy of your receipt notice or other supporting documents.
- Mail the Letter to the Correct USCIS Office
Send your request to the USCIS service center or office that is currently handling your case. The address is typically found on your receipt notice. Use a mail carrier that offers tracking to confirm delivery.
- Wait for a Response
Once USCIS receives your letter, they will issue a written confirmation of the withdrawal. This process may take several weeks depending on current processing times.
Withdrawing a Case from the National Visa Center (NVC)
If your case has been transferred to the NVC for consular processing, here’s how to proceed:
- Submit a Withdrawal Request
You’ll need to provide:
- Your full legal name
- Your NVC case number
- Type of petition (family-based, employment-based, etc.)
- Reason for the withdrawal (Optional)
You can send your request either:
Always keep a copy of your message for your records.
- Receive Confirmation
NVC will review your withdrawal request and issue a formal acknowledgment. Like with USCIS, this step can take some time depending on volume and case complexity.
Important Considerations Before Withdrawing
Before finalizing your decision, be aware of the following:
- Fees Are Non-Refundable: Application or petition fees paid to USCIS or NVC cannot be refunded, even if the case is withdrawn.
- You Can Reapply Later: A withdrawal doesn’t stop you from applying again, but you’ll need to restart the process from the beginning.
- Legal Implications: Withdrawing a pending application may affect your legal immigration status especially if you’re awaiting adjustment of status. Seek legal advice before proceeding.
- Impact on Future Cases: USCIS and the State Department may consider previous withdrawals when reviewing new applications, particularly if the reason for withdrawal wasn’t clearly documented.
Whether you’re seeking to withdraw a family petition, an employment-based visa application, or another type of immigration case, the process can be straightforward if handled properly. However, withdrawing an immigration case is a significant decision that can affect your long-term plans, so it’s important to weigh your options carefully.
If you’re unsure whether withdrawing is the right move or if you need help submitting the request, consulting with an experienced immigration attorney can save you time and prevent potential mistakes.
If you’re thinking about withdrawing your case or starting a new application, Bailey Immigration, PC is here to support you.
With over two decades of experience, Attorney Diana Bailey and her team provide compassionate, strategic guidance tailored to your unique situation. Call us today at (503) 224-0950 to speak with a legal professional who can help you protect your immigration future.
