\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Chapter 20 Immigrants in General \ 20.4 Petition Withdrawal.
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20.4 Petition Withdrawal.
A petitioner or applicant may withdraw a petition or application prior to adjudication. Withdrawal is a voluntary action. It should not be coerced, although it may be suggested as an alternative to a formal denial. Whenever a withdrawal is received, it should be acknowledged, in writing, for the record. Although a withdrawal by a petitioner is not necessarily an indication of fraud, the facts surrounding any prior withdrawal should be considered in the event a subsequent petition is filed by the same pe
Matter of Isber
20 I&N Dec 676 (BIA 1993)
A petition which has been withdrawn cannot be denied. See
Matter of Cintron
, 16 I&N Dec 9 (BIA 1976).
Where a visa petition has once been withdrawn based on an admission by a party that the marriage was solely entered into to bestow an immigration benefit, any subsequently filed visa petition involving the same petitioner and beneficiary must include at the time of filing: (1) an explanation of the prior withdrawal and (2) evidence supporting the bona fides of the parties' relationship. The BIA has held that “[t]he petitioner bears a
burden to establish the bona fides of the marital relationship in the case of a prior visa petition withdrawal and an admission of a fraudulent marriage, and, absent the submission of the previously related materials at the time of filing, a district director can reasonably deny the petitioner based on the admission made in conjunction with the prior withdrawal” [emphasis added]. See
Matter of Laureano
, 19 I&N Dec. 1 (BIA 1983).