How long is the waiting period for withdrawing an I-130 visa petition? 8 Answers as of August 22, 2011

If I withdraw the initial I-130 application for my husband and then apply again is there a waiting period or can I apply again immediately and possibly have a different case officer?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You should definitely consult with an attorney before withdrawing anything but you can file the I-130 the next day if it is withdrawn. The facts of the first case will be known to the second officer if you do get a different one so best to figure out how to fix the problem (concern of the Officer) in most cases.
Answer Applies to: California
Replied: 8/22/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
You seem to be receiving confusing advice. Even if you withdraw your petition, that will still attach to the new one. Your problem seems to be somewhere else. Hire an experienced immigration attorney.
Answer Applies to: Nevada
Replied: 8/16/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Yes to the last part of your question.
Answer Applies to: Florida
Replied: 8/12/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
There is not waiting period for withdrawing a petition. You can withdraw it at any time before there is a decision on the petition. If you withdraw the I-130, a concurrently filed I-485 will be denied. You can always file a new petition without withdrawing a prior petition if you file for the same husband. You may want to talk to a local immigration attorney about your case before you take any action if your primary concern is to get an interview with a different officer.
Answer Applies to: California
Replied: 8/11/2011
Fong & Associates
Fong & Associates | William D. Fong
There is no waiting period to re-apply after withdrawal. The case will be matched with the previous filing, so why are you re-filing?
Answer Applies to: Texas
Replied: 8/11/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    There is no waiting period for withdrawing an I-130 Petition. You can withdraw an I-130 Petition at any time. Likewise, there is no waiting period to file an I-130 Petition. However, it is not advisable to withdraw an I-130 Petition and simply re-file the case. You will be questioned as to why the case was withdrawn and why it was re-filed. You may or may not end up with the same case officer, but the file will include the previous filing and all related documents including the withdraw. It would be better to discuss the issues that are leading you to wish to withdraw and re-file the I-130 Petition with an attorney as they may be able to be dealt with.
    Answer Applies to: New York
    Replied: 8/12/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    There is no waiting period. You can re- file immediately.
    Answer Applies to: Florida
    Replied: 8/11/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    I am not sure why you would withdraw and then refile for the same person. The first petition will still be on file so if issues are arising with that petition they will arise again with the second. However after a petition is withdrawn you are eligible to file right away.
    Answer Applies to: California
    Replied: 8/11/2011
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