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Results 1 to 7 of 7

Thread: Withdrawing I-485 application

  1. #1
    Hi, I was wondering if anyone has ever heard of this. My friend was married to a US citizen for several years, was here on another visa and ended up submitting I-485 not too long ago. They haven't even had their interview yet. After a lot of different events they are splitting up now, and the husband will not go with her to the interview. She is probably going to get H1-B visa through her work so that she can stay here, but it seems that she somehow has to withdraw her I-485 application. Does she just send a letter to the office processing her application? How much detail does she have to provide? I mean, does she have to explain why they are splitting up, what's going on, etc., or can she just say 'I want to withdraw my application'?

  2. #2
    Hi, I was wondering if anyone has ever heard of this. My friend was married to a US citizen for several years, was here on another visa and ended up submitting I-485 not too long ago. They haven't even had their interview yet. After a lot of different events they are splitting up now, and the husband will not go with her to the interview. She is probably going to get H1-B visa through her work so that she can stay here, but it seems that she somehow has to withdraw her I-485 application. Does she just send a letter to the office processing her application? How much detail does she have to provide? I mean, does she have to explain why they are splitting up, what's going on, etc., or can she just say 'I want to withdraw my application'?

  3. #3
    A short, sweet letter requesting to withdraw the petition will probably be sufficient. If she can get her husband to write a letter also, it might help. I don't see any reason why she should include details about her private life.
    Have a nice day

  4. #4
    As soon as I-485 is withdrawn alien becomes out of status if did not have legal status prior to applying for AOS such as being on a student visa for example. Removal proceedings can be initiated upon withdrawal..

  5. #5
    If I-130 is withdrawn, AOS is automatically is withdrawn.Only petitioner can withdraw the application. So the citizen has to write a letter to BCIS stating Alien Name, SSN if any, Alien NO. if any and current resident address and sign the withdrawn application. BCIS will Inform the USC for withdrawal of Visa petition. If the aliens petition is withdrawn BCIS will allow alien to file for voluntary departure within 10 day OR alien will be subjected to deportation proceedings. Alien will also be informed that he has no right of appeal if the petition is withdrawn.
    Alien can inform back to BCIS if Alien changed his status to Non-immigrant visa status sucessfully. this can stop the deportation proceedings if NTA is issued and already started.
    NTA will be terminated.
    Its a discussion, not a legal advise..

  6. #6
    Thanks everybody for the info. Mohan - you mentioned that the alien can inform BCIS if he/she was able to switch to non-immigrant status to stop deportation. But if they start deportation proceedings, when do you obtain non-immigrant status? My friend was going to file for H1-B as soon as her I-130/I-485 are withdrawn - it seems that you can't do it while an immigrant petition is still pending... right? And we thought that she can stay here while her H1-B petition is pending... Thanks for your help.

  7. #7
    IF I-130 and 485 is withdrawn, its not necessary that he will be in deportation proceeding. Deportation proceedings starts when Alien issued NTA.If he got NTA then and Also have H1B approved, He can write to IJ for termination of NTA based on his status As non immigrant Visa H1B. IJ will terminate NTA.
    Its a discussion, not a legal advise..

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