Withdrawing an immigration petition
#1
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I filed an immigration petition (I130) for my immediate
relatives (I am USC). They are currently on a multiple-entry
B2 visa. The I130 is still pending.
Is it possible to withdraw the I130 petition such that INS harbors
no prejudice against the visa holders? That is, may the I130 be
rescinded such that the aliens could go back to using the B2 visa as
if they never filed an immigration petition?
A couple of lawyers I spoke to are of the opinion that while its
possible to cancel a pending I130, the "stigma" of the attempt to
obtain permanent residency by the aliens may never be entirely expunged
from their records and that at future visits, the immigration officers
at the port of entry could deny the visitors entry.
Any opinions? Has anyone done this before?
/b
relatives (I am USC). They are currently on a multiple-entry
B2 visa. The I130 is still pending.
Is it possible to withdraw the I130 petition such that INS harbors
no prejudice against the visa holders? That is, may the I130 be
rescinded such that the aliens could go back to using the B2 visa as
if they never filed an immigration petition?
A couple of lawyers I spoke to are of the opinion that while its
possible to cancel a pending I130, the "stigma" of the attempt to
obtain permanent residency by the aliens may never be entirely expunged
from their records and that at future visits, the immigration officers
at the port of entry could deny the visitors entry.
Any opinions? Has anyone done this before?
/b