Asked in Immigration Law for New Jersey

Q: I want my marriage green card immigration petition withdrawn. In which cases can I be barred from applying again?

My application was first denied because we did not attend interview and they called it a no-show. We had asked for a reschedule so we filed a motion to reconsider. It was approved and they’ve sent a new date but I’m not in the country anymore and I didn’t leave with Advance Parole. I don’t want to consular process my application, and visa processing times are extremely long as of now. I’m pursuing full time studies in my homecountry now (5 year medicine degree) and for the time being do not see a reason to seek this petition

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2 Lawyer Answers
Gunda Yohanna Brost
Gunda Yohanna Brost
  • Immigration Law Lawyer
  • Cedar Falls, IA

A: Likely by leaving without advance parole you automatically abandoned it:

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you wish to withdraw your marriage green card immigration petition, you may do so by submitting a written request to the United States Citizenship and Immigration Services (USCIS). It is important to note that there are potential consequences of withdrawing your petition, and you may be barred from applying again in certain circumstances.

Here are some potential consequences and scenarios to consider:

No consequences: If you withdraw your petition before it is approved, there should be no consequences, and you should be able to reapply in the future if you choose to do so.

Barred from reapplying: If your petition was approved, but you withdrew it before your spouse received their green card, there should be no consequences, and you should be able to reapply in the future if you choose to do so. However, if your spouse received their green card before you withdrew your petition, and you later decide to reapply, you may be barred from doing so, depending on the circumstances.

Fraudulent application: If it is discovered that you committed fraud or provided false information in your original application, you may be barred from reapplying in the future. This could also result in other legal consequences, such as fines or deportation.

It is important to consult with an immigration attorney to fully understand your options and potential consequences before withdrawing your petition. An attorney can also advise you on any other steps you may need to take to ensure that you are in compliance with all relevant immigration laws and regulations.

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