How to reinstate a mistakenly withdrawn I-130 petition and appeal an I-485 denial due to suspected identity theft?

Question

I filed an I-130 petition for my father in July 2024. On May 12, 2025, I received a notice from USCIS stating that my petition was withdrawn based on a request they allegedly received from me. However, I did not request or authorize this withdrawal. As a result, my father's I-485 was denied, since the I-130 was withdrawn. My father is currently out on advanced parole (approved months ago) and has only been out for 4 days. He has a return ticket for April 16. I suspect identity theft or fraudulent use of my personal information. What steps should I take to reinstating the I-130 petition, appeal the I-485 denial, and resolve this fraudulent action?

Charles Holster · Answer

This question should be directed to an immigration attorney.

Remzi Guvenc Kulen · Answer

Even if you contact USCIS and appeal the 130 and the 485, it is possible that USCIS will not reopen the case. Even if it does, it may take a very long time. Congress assistance may work in this case. Contact your congressman and try to get help for this case. Elected official help is great for these interesting scenarios.  I have done it many times.  
 
Also, it might be a good idea to refile the 130 just in case your father may not return with that advance parole. This would save you time, since your father would probably need to consular process his green card - in case USCIS will not reopen the 130 and the 485.

James L. Arrasmith · Answer

To reinstate your mistakenly withdrawn I-130 petition, immediately contact USCIS through their Contact Center (1-800-375-5283) to report the fraudulent withdrawal. File Form I-290B (Notice of Appeal or Motion) within 30 days of receiving the denial notice, with evidence that you never authorized the withdrawal. Simultaneously, file a police report about the suspected identity theft and include this documentation with your appeal. 
 
For your father's denied I-485, you should also file a motion to reopen using Form I-290B, explaining that the underlying I-130 withdrawal was fraudulent. Include any evidence showing the legitimacy of your original petition and supporting documentation proving you didn't request the withdrawal. Since your father is currently on advance parole, advise him to return before his authorized period expires while you work to resolve these issues. 
 
Report the identity theft to the Federal Trade Commission at IdentityTheft.gov and consider consulting with an immigration attorney who handles complex cases involving fraud. Time is crucial - gathering evidence of the unauthorized withdrawal and submitting your appeals within the allowed timeframe will strengthen your case. USCIS has procedures for addressing situations involving fraud, but you must act quickly to protect your father's immigration status.

Q: How to reinstate a mistakenly withdrawn I-130 petition and appeal an I-485 denial due to suspected identity theft?