Q: Initially requested reschedule for marriage based green card interview but now we want to withdraw application.
Would this be a problem and prevent me from applying for a green card again in the future? I left the US without advance parole so application is probably already abandoned but they still sent an interview date. Should this be included in the letter? Is the reason that now I’m pursuing further education in my homecountry enough explanation? If I applied for a green card again it would most likely be employement based and not marriage/family. Also should I send this letter to the same office that I was supposed to attend interview at? Thanks!
Would this be a problem and prevent me from applying for a green card again in the future?
The bar at 204(c) specifically refers to a marriage entered into for the purpose of obtaining permanent resident in the United States. If the USCIS determines that you fraudulently entered into the marriage, this would bar you from being sponsored for a green card, even by an employer. Please see https://www.shusterman.com/green-card-through-marriage/
I left the US without advance parole so application is probably already abandoned but they still sent an interview date. Should this be included in the letter? Yes
Is the reason that now I’m pursuing further education in my home country enough explanation? No, you must discuss why your spouse is no longer sponsoring you for a green card.
If I applied for a green card again it would most likely be employment based and not marriage/family. Also should I send this letter to the same office that I was supposed to attend interview at? Yes
If you have decided to withdraw your application for a marriage-based green card interview, it is advisable to follow the appropriate steps to ensure that your request is properly documented. Here are some points to consider:
Consequences of withdrawal: Withdrawing your application will generally not have negative consequences on your eligibility to apply for a green card in the future, especially if you are considering a different category, such as employment-based. However, it is recommended to consult with an immigration attorney to evaluate your specific circumstances and provide personalized advice.
Written withdrawal request: Prepare a written withdrawal letter clearly stating your intention to withdraw your application for the marriage-based green card interview. Include your full name, case number, date of birth, and contact information. It is also advisable to mention the reason for the withdrawal, such as your pursuit of further education in your home country.
Submitting the withdrawal letter: Send the withdrawal letter to the same USCIS office where you were scheduled to attend the interview. Follow the instructions on the interview notice or contact the USCIS office directly to confirm the appropriate address and submission method.
Document abandonment: If you left the U.S. without obtaining Advance Parole and have been outside the U.S. for an extended period, it is possible that your application is considered abandoned. However, including this information in the withdrawal letter can provide additional clarification.
Consult an immigration attorney: Given the potential complexities involved in withdrawing your application and your future immigration plans, it is highly recommended to consult with an experienced immigration attorney. They can guide you through the process, provide specific advice based on your situation, and ensure that all necessary steps are taken.
Remember, the information provided here is general, and consulting with an immigration attorney who can assess your case and provide personalized advice is crucial. They will be able to guide you through the appropriate procedures and help safeguard your immigration goals.
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