Can I withdraw a VAWA i-360 petition? 6 Answers as of May 04, 2011

I previously filed a self-petition I-360; a decision has not been made yet. Can I withdraw a VAWA i-360 petition and reconcile with my husband?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes You can. I am not a big proponent of withdrawing this kind of applications unless there is a really good reason to do so. As the saying goes: if you can do it once, you can do it twice. Who is to say that he is cured of his abusive ways? Also, where will that withdrawal leave you and your immigration status. Have you considered all the possibilities? Do what you feel is right and I wish you good luck!
Answer Applies to: California
Replied: 5/4/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
No one is going to stop you from withdrawing a VAWA petition. However, as a former domestic violence counselor, I would urge you to think about that very carefully. If your VAWA case was valid, then you are stating that your husband is abusive. Going back to him will therefore put you into an unsafe position. Additionally you will then rely on him again to file for a green card for you. There is no guarantee he will do this. I would imagine that DHS would very carefully review your VAWA as well, before adjudicating anything he files for you, to ensure that your VAWA was not fraudulent.
Answer Applies to: California
Replied: 5/4/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
You could do that, but it's not a smart thing to do. Wait until you get a decision on your VAWA petition. If it is approved, you can then reconcile with your husband in your own good time.
Answer Applies to: Washington
Replied: 5/3/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
What about if your husband becomes nasty again and you end up with no more VAWA petition? Your VAWA petition is your assurance in case your husband becomes abusive again. He doesn't have to know about it. (I had clients who did just that...disclosed the VAWA to the spouse and it was not good to them...I also had one client who got an approved VAWA, then reconciled with her husband. We had no problem filing a subsequent adjustment).
Answer Applies to: California
Replied: 5/3/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes you may withdraw the I-360 by sending a letter to the address on the Receipt. Several factors to consider though 1) Be sure to review all of the allegations you made in the VAWA case as they are still part of the record with USCIS and may be considered if your husband subsequently petitions for you. 2) You may want to keep the VAWA case pending until you know where your relationship with your husband is heading. 3) If you withdraw your VAWA case you will be dependent on your spouse petitioning for you which puts him back in control of your situation. You may want to make as a condition of the reconciliation that you jointly go through counseling to make sure the same factors don't develop.

Abusers generally don't change without professional help despite their often sincere claims of remorse. The good news is if things don't work out you could re-file the I-360 with new fees, etc.
Answer Applies to: California
Replied: 5/3/2011
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