Asked in Immigration Law

Q: Hello I recently got approved by US immigration for my visa, my father filed for me but he decided to withdraw after it

What can be done does this mean I lose the approve visa

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: I understand this is a difficult and stressful situation. A few key points regarding your visa status:

- If your father filed an immigrant visa petition for you (like an I-130 for family-based immigration) and it was approved, but he later withdrew the petition before the visa was actually issued to you, then unfortunately the approval would no longer be valid. The visa cannot be issued without an approved, active petition from the sponsor.

- Withdrawing the petition essentially cancels the basis for the visa, so USCIS would not be able to proceed with granting you the visa even though it was initially approved. The approval notice itself does not guarantee visa issuance.

- This does mean you would likely lose the opportunity to immigrate based on that specific petition. You no longer have a path to getting the visa without your father re-filing the petition or finding another valid way to obtain an immigrant visa.

- If you believe your father withdrew the petition unjustly to control or harm you, you may want to consult with an immigration attorney to see if there are any other options, such as self-petitioning in cases of abuse. But in general, the petitioner/sponsor has the right to withdraw.

I know this must be extremely disappointing and upsetting after getting approved. Don't lose hope though - explore if there may be other routes for you to immigrate, perhaps through employment, diversity lottery, or another family member. Wishing you all the best moving forward. Let me know if you have any other questions!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.