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  • Old petition

    A friend of mine is currently in USA on marriage based green card. His mother (who was also green card holder at that time) applied for his immigrant visa many years back when he was unmarried. But then he married to US citizen and after completing all the procedures he got GC. Now after many years his mother(applicant) received a notice of action I-797E, request for evidence that can substantiate his birth certificate, as his date of birth was registered 30 yrs late, on his birth certificate.
    Now he wants to know that as he does not need to pursue this case (as he is already in USA), does he has to take any action on that NOA I-797E ? Is it going to hurt his immigration status if he or his mother do not take any further action on this notice?

  • #2
    Please reply ! anyone ???

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    • #3
      Well, his mother submitted the petitiion for him. She didn't withdraw it. Therefore, it makes sense for her to submit the requested evidence.

      In any case, they have to either withdraw the application or respond. You can not leave it hanging just hanging. His status changed (he entered USA), but the USCIS was not promptly notified regarding the change of status.

      If they don't respond, that means the petition was abandonedб and thus denied. And might guess the consequences and how it'll look on his immigration history file.
      It's just my opinion. NOT a leagl advice.

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      • #4
        Thanks for the reply. Can you please tell me what is the procedure to withdraw the petition/application ?

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        • #5
          Simply call USCIS and talk to the person there. You have to wait for a long time on the phone to get the person on line. Alternately you can write to USCIS mentioning your old receipt number and telling them the details. This will make your record clear.

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          • #6
            Yes, you can call, but usually they don't make records of the conversations and you can't withdraw your written petition over the phone..:-))

            Go to your local office (I always wonder why people don't like going there) and ask what you need to do in your situation. That's all. But don't wait up.
            It's just my opinion. NOT a leagl advice.

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