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I-130 approval question..... please help me.

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  • I-130 approval question..... please help me.

    I had I-130 approved 7years ago and also filed I485 at the same time. recently I received a letter from INS that Iam not qualify for adjustment because visa petition is withdrawn. we never withdraw any petitions.
    we have all the taxes file jointly and even our child born in 2002.
    is it possible that petition can be withdrawn after approval? Who else can withraw the petition other then USC who filed the petition.

  • #2
    Hi Pascal ...

    Your I 130 was approved 7 yrs ago???? But you never got a chance to adjust your status ... ? I never heard of such case ... sorry about your situation ... I hope someone else might help you here ... and this one is marriage based, right ? can you please give some more info here ...Thank you ...Pasha


    • #3
      yes this is marriage based visa petition. we have two kids from this marriage. I-130 was filed before 7years and I-485 was also filed alongwith I130. WE have approval of I130 six years ago but still waiting for 485 and noe we receive this letter which says that our visa petition was withdrawn, No date mentioned, also saying if I want to get voluntary departure then I should write a request.
      I just want to know if approved visa petition can be withdrawn Or did there any form to fill for the request. We have our kid born in sept 2002 too. How come INS do that to us.

      I have record also this record was given to us by circuit court no where its written that if any petition is withdrawn. this makes me more curious that if some one withdraw the petition can it be shown in circuit court record or not.


      • #4
        Hi Pascal,

        Sorry about that .... This is something interesting ... I never heard of such case or read anywhere before .... But I don't think there is some kinda withdrawal of petition ... as your I -130 was already approved 7 yrs ago and you have been waiting for I 485 ... so u did right thing ... there is nothing wrong done from your side ... at least I don't see any .... It is interesting why it took so long for I 485 ... I would suggest you talk to a good immigration lawyer ... I don't think they should suggest you to take VD if BCIS took so long for approval of I 485 and its not done yet ...

        May be you want to post your quarry on too ... there are lawyers posting on that site ... who knows you might get helpful answer .... Good luck ...Pasha


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