Can you be deported when you withdraw your green card petition from?
To be deported from the United States one has to be given an order by an immigration judge for such a process. Contrary to popular believe, ICE doesnt have the authority to deport anyone, immigration judges can do that. Ice can only execute such an order. When illegal immigrants are apprehended at border crossings theyre not deported automatically, unless they consent to such a thing. Theyre given a day in court. Its like saying a sheriff sent me to prison. No, a sheriff puts you to jail, bc he believes you broke the law, but a judge determines your faith. in your case, when you withdraw a green card petition: that in itself doesnt constitute an illegal act. Your immigration status in US does. Now, the petition is filed by the US citizen spouse and not the beneficiary. If the petitioner does such a thing, there is a transition period (grace period!) that covers the beneficiary. It could be 180 days max. what You dont understand is that filing a petition for a green card is not a status in itself. The beneficiary must have had some other immigration status prior, like F1 student visa, and then applied for adjustment of status. While adjustment of status is pending, one can remain in US until a determination. If the petition is withdrawn, then the beneficiary has to maintain some other status or must exit the country. In case that he/she remains he/she will be declared in violation of immigration law. Will he be deported? Thats in immigrations officer that preceded the case. Nevertheless, in this time and age its stupid not to take it seriously. Accruing unlawfully presence in US is a serious offense.