If I was the petitioner for my stepson and now he has the green card but I’m getting divorced, how can I cancel my petition?

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If I was the petitioner for my stepson and now he has the green card but I’m getting divorced, how can I cancel my petition?

I’m a citizen who has been married to an Indian boy for 12 years and now he is a citizen too. We are going to divorce because my stepson made problems in our marriage. I was the petitioner for my stepson and he came to the US through me. He has the green card. Since my relationship is over with his father I want to cancel my petition.

Asked on June 7, 2015 under Immigration Law, New York

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You cannot cancel a petition once it has been approved.  If the stepson has a green card, he has a green card and you cannot cancel that just because you have divorced his father.  You also cannot cancel the affidavit of support if you have submitted one as part of the petition.


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