Can a VAWA Petition be Withdrawn?

VAWA immigration is often quite complicated. Unlike other immigration options, VAWA allows individuals to petition for themselves. However, like other options, the laws of VAWA petitions can be broad and relatively unclear. 

One aspect that often leaves petitioners even more confused is determining how to cancel a pending petition. Since circumstances change, you may decide to no longer pursue your VAWA visa. But what next? Do you file for cancellation or just leave it to the USCIS to figure out? In fact, are VAWA petitions even withdrawable? And if they are, how does one go about withdrawing their petition? 

These are some of the questions that arise in such situations, and this article will provide valid answers to them. 

Are VAWA Petitions Cancelable? 

The simple and short answer is yes. You can withdraw or apply for your VAWA petition to be canceled if you don’t want to go on with it. However, you have to make sure that you want to withdraw your VAWA application or stop the process for sure. This is because once you successfully withdraw your VAWA petition, it becomes very difficult to resume the process if you change your mind. 

In fact, depending on your reason for cancellation, you may not be able to pursue the same VAWA case even with a fresh application. But that’s not always the case, and you may just have to apply for a new petition most times. While canceling your VAWA petition and reapplying again sounds like too much of a deal, it may not be. The most consequential is often the time wasted, as you’ll have to restart the entire process regardless of how much progress you made with your previous petition. 

Common Reasons Why People Opt To Cancel Their VAWA Petition 

Now, while VAWA petitions can be withdrawn, it is not common to see people opting for this option. The majority of people who apply for VAWA immigration often prefer to see it through. However, there are still a handful of cases of VAWA petition cancellation each year. Here are some reasons why people choose to opt out of their VAWA petition. 

  • Prolonged Processing: One of the top reasons for VAWA withdrawals is prolonged processing. When petitioners find that their application is taking an unusually long period to get approved, a few might get exhausted and decide to quit. However, in such cases, most people just choose to ignore the petition instead of applying for withdrawal. 
  • Change of Option: Another reason people choose to withdraw their VAWA petition because they have a better option. Basically, VAWA self-petitions are among the most difficult to process. So, in the case where petitioners get the opportunity to apply for a different form of immigration, they usually abandon their VAWA petition. An example would be an abused spouse who remarries another US citizen while their VAWA petition is still processing. Such a person may decide to opt for the less complicated family-based immigration option. 
  • False Information: VAWA petitions are usually processed with thorough investigations to determine their legitimacy. Moreover, mistakes or misinformation can often lead to visa denial. Therefore, if a petitioner realizes they provided the wrong information, they may decide to restart the process to better their chances. However, such persons will need to cancel their outstanding petition before reapplying for another.

How to Withdraw a VAWA Petition 

If you choose to withdraw your VAWA application after submission, then you need to ensure you follow the right procedures. Here’s a step-by-step guide to canceling your VAWA petition. 

  • Write a Withdrawal Letter: The only way to cancel your VAWA petition is by reaching out to the USCIS via a withdrawal letter. Your withdrawal letter must be formal and addressed correctly to the USCIS or NVC. This letter should contain your name, date of birth, current address, case number, and reason for withdrawal. You should also prioritize a short and clear format that is straight to the point. This will help ensure that your message is easily understood by the USCIS review officials. 
  • Verification of Identity: The USCIS review board will need proper proof that you are the person requesting a withdrawal. Hence, it is essential to make sure your letter is appropriately verified. Luckily, this step is pretty easy. You just have to ensure the signature you include in your withdrawal letter absolutely corresponds with the one in your initial VAWA petition. Your letter will not be acknowledged if it does not include a corresponding signature. 
  • Send Your Letter: After carefully formatting and verifying your withdrawal letter the next step is to dispatch it. For this step, you also want to be very sure of the address you send your letter to. Ideally, you are expected to address your letter to the exact USCIS service center that received your initial petition. This will help simplify the process and ensure you get a prompt response. 
  • Follow Up: Like your petition, you should expect to receive an acknowledgment mail from the USCIS. This mail usually comes within 30 days of your submission to confirm that they received your withdrawal letter. If you do not get a response within this time, then you may need to follow up on your submission. You can easily reach out to USCIS customer service online or send a follow-up letter to their branch office. 

For record purposes, you are expected to keep a duplicate of your withdrawal letter. This can be a useful proof of withdrawal in the future if needed. 

The Coleman Law Group Can Help You 

VAWA petitions can be withdrawn, and the cancellation process seems easy enough. However, to ensure accuracy and professionalism, you may want to entrust this task to an experienced VAWA lawyer. Luckily, we are always ready and willing to be at your service here at Coleman Law Group. Moreover, you can always count on us to help make your VAWA needs met to perfection. 

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