Q: I want my marriage green card immigration petition withdrawn.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
A: Likely by leaving without advance parole you automatically abandoned it:
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.