How to cancel I-130 Applications for Relatives?

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suxx0011

Registered Users (C)
Hello:

I attended oath ceremony last June 13, 2008 (Friday) and became a US citizen on that day (got a certificate of citizenship and signed). I filed I-130 forms (for green card applications) for my sister and brother immediately on next Saturday and enclosed a check for application fees.

Now my sister and brother suddenly changed their mind and wanted me to cancel their applications, since they don't want that long process (12 to 15 years for Chinese nationals) endanger their chance of getting a tourist visa because of apparent intention of immigration in the next few years, and they feel they will be too old to immigrate to US (my sister is 50 and my brother is 44 now). I was very surprised, but, I have to follow their instructions, even though I feel they could be rejected for a visitor visa anyway because they now have a US citizen brother in US.

My question is how to cancel the applications? I guess my check has not been cashed yet, can I cancel the check first? What action form or something else to file to cancel the applications? Can I just call the immigration customer service to cancel the applications?

Thank you very much!

Sincerely,
 
I feel they could be rejected for a visitor visa anyway because they now have a US citizen brother in US.
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yes, and since the petitions were ALREADY filed for them.

You can wait till the notice of receipt is received if the checks are already cashed. Then write to USCIS to cancel the petitions.

IF the checks have not been cashed, you could put a stop payment on the checks, and that way the applications will not be processed. Of course, you may owe a fee to the USCIS for stopped-payment checks.
 
LucyMO said:
yes, and since the petitions were ALREADY filed for them.

You can wait till the notice of receipt is received if the checks are already cashed. Then write to USCIS to cancel the petitions.

IF the checks have not been cashed, you could put a stop payment on the checks, and that way the applications will not be processed. Of course, you may owe a fee to the USCIS for stopped-payment checks.
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I think the check has not been cashed yet. If that's the case, and I cancel the check, would there be any risks to me that USCIS might think I wrote a bad check?

If they do not process the application because the check can not be cashed, there should be no any record in their computer system to show my sister or brother has ever applied for immigration, right? So their chance of getting a visitor visa would not be automatically denied, right? I suppose they would be automatically denied of visitor visa if I-130 for immigration was processed for them.

Thank you very much!

Sincerely,
 
I believe putting a stop-payment on a check and writing an insufficient funds check are two different things. I don't know how USCIS regards it.
 
suxx0011 said:
If that's the case, and I cancel the check, would there be any risks to me that USCIS might think I wrote a bad check?
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Yes, and they will want the money.

So their chance of getting a visitor visa would not be automatically denied, right? I suppose they would be automatically denied of visitor visa if I-130 for immigration was processed for them.
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I wouldn't assume so; I've had petitions accepted in the past (e-filing, admittedly) where a receipt number was created and the petition entered into the system.
 
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