Q: Hello! I was pending i-539 application to change my B-2 to F-1 visa. However while waiting I got married and me and my
husband applied for green card. I thought my i-539 will be canceled automatically, but it never happened. Yesterday I got the evidence request for F-1 visa mail, so my application is still pending. Tell me please, what should I do to cancel my i-539 application.
A: Consider scheduling a consultation with a competent immigration attorney to go over in detail all facets of your case. Generally speaking, however, if you no longer have any intent of pursuing F-1 status and so long as there are no inadmissibility issues in connection with your "green card" case, by which I presume you are referring to an adjustment of status case, then there may be no harm in withdrawing the change to F-1 case. Simply filing another type of case, however, such as an application to adjust status case, will not automatically cancel the change to F-1 case. Often, different USCIS offices decide different cases. Again, consider speaking with an experienced immigration attorney who can ask you many questions so as to decide how to best proceed with your cases. Some law offices, like mine, offer online Skype consultations for persons who are not local.
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