Abondoning GC in the I-485 Stage

I

indflyer

Registered Users (C)
Hi,
Are there any consequences in future for abondoning the GC process in the I-485 stage? My question refers to comming in future on H1 or B1 Or L1 or for that fact getting sponsored by my USC Children down the line?
Is there anyone who was in the same situation as me?
 
indflyer said:
Hi,
Are there any consequences in future for abondoning the GC process in the I-485 stage?
Click to expand...
None, it is not that they are going to refund your filing fees or anything.
indflyer said:
My question refers to comming in future on H1 or B1 Or L1 or for that fact getting sponsored by my USC Children down the line?
Is there anyone who was in the same situation as me?
Click to expand...
I will be surprised if there are too many like you aspiring to get sponsored for greens cards by their children, 15-20 years from now. With some luck EB2/EB3 will be current long before that ;)
 
I think it will be a problem for your H1B. If I recall, I had to fill in a statement when went to consulate sating whether I had opted any time for the "permanent" citizenship a.ka gc. I said no, because I had not applied at that time.
 
retrohatao said:
I think it will be a problem for your H1B. If I recall, I had to fill in a statement when went to consulate sating whether I had opted any time for the "permanent" citizenship a.ka gc. I said no, because I had not applied at that time.
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absolutely wrong!

why should there be any problem because GC is abandoned? I'm planning to abandon my and my wife's 485 in near future. One way to do this is not to enter US until AP expires. They say once AP is expired and an individual is not already inside US then there is no way for him or her to enter US in future[as AP renewal needs mandatory physical presence in US at time of its filing] and 485 will then be considered abandoned. Also I believe one can send a letter asking uscis to cancel pending 485's.
 
Problem

There are no consequences to future gc. However, some visas require a demonstration of 'no intent to immigrate' e.g. F1, B1, J1 (i don't know about H1). When I went to the US embassy in India for my non-immigrant visa, I had to answer the question if I have ever applied for permanent residence, citizenship, immigration benefits etc. I also had to show documents to support my intent to not immigrate. Inability to get certain types of non-immigrant visas may be the only consequence. No consequences to future gc, either mployment based or family based.
 
pras01 said:
There are no consequences to future gc. However, some visas require a demonstration of 'no intent to immigrate' e.g. F1, B1, J1 (i don't know about H1). When I went to the US embassy in India for my non-immigrant visa, I had to answer the question if I have ever applied for permanent residence, citizenship, immigration benefits etc. I also had to show documents to support my intent to not immigrate. Inability to get certain types of non-immigrant visas may be the only consequence. No consequences to future gc, either mployment based or family based.
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posters question was about consequences to future US visa's and not future GC.
 
RE:Effect of Abandoned GC On Future Non Immigrant Visas.

Guys...Here is some Interesting reply from Chennai US consulate...Hope this helps someone like me....!

FYI...


You have to clearly withdraw the petition and submit the proof of
withdrawal at the time of applying for a nonimmigrant visa.

Visa Information Unit
American Consulate General
220, Anna Salai
Chennai 600 006
India
Phone - 91-44-28112060(dir),
28112000(board)
Fax - 91-44- 28112020, 28112027
Website - http://chennai.usconsulate.gov

-----Original Message-----
From: Hari Krishna Gudladona [mailto:harikgdona@yahoo.com]
Sent: Wednesday, December 28, 2005 11:51 PM
To: Chennai, NIV
Subject: Effect of Abandoned GC On Future Non Immigrant Visas.

Dear Sir/Madam,

I am an Indian Citizen and came to US on a H1B in Jul,1999. I have
applied for my Permanent Residency in April 2003 through my employer. I
have got my LABOR and I-140 Approved and my I-485 is pending with USCIS
Vermont center.
Due to changes in my personal Priorities, i am planning on abandoning
my
application for the Permanent Residency (Green Card) and move back to
india for good.
Would this abandonment of GC in any way effect my future applications
for Non Immigrant Visas like B1 or
H1 at the american consulate in India?

Please confirm and suggest if any, ways to make this process more
amicable.

Regards
Hari Krishna
 
indflyer said:
Guys...Here is some Interesting reply from Chennai US consulate...Hope this helps someone like me....!

FYI...


You have to clearly withdraw the petition and submit the proof of
withdrawal at the time of applying for a nonimmigrant visa.

Visa Information Unit
American Consulate General
220, Anna Salai
Chennai 600 006
India
Phone - 91-44-28112060(dir),
28112000(board)
Fax - 91-44- 28112020, 28112027
Website - http://chennai.usconsulate.gov

-----Original Message-----
From: Hari Krishna Gudladona [mailto:harikgdona@yahoo.com]
Sent: Wednesday, December 28, 2005 11:51 PM
To: Chennai, NIV
Subject: Effect of Abandoned GC On Future Non Immigrant Visas.

Dear Sir/Madam,

I am an Indian Citizen and came to US on a H1B in Jul,1999. I have
applied for my Permanent Residency in April 2003 through my employer. I
have got my LABOR and I-140 Approved and my I-485 is pending with USCIS
Vermont center.
Due to changes in my personal Priorities, i am planning on abandoning
my
application for the Permanent Residency (Green Card) and move back to
india for good.
Would this abandonment of GC in any way effect my future applications
for Non Immigrant Visas like B1 or
H1 at the american consulate in India?

Please confirm and suggest if any, ways to make this process more
amicable.

Regards
Hari Krishna
Click to expand...
Thats excatly what I was saying ie "One can send a letter to service center where 485 is pending and withdraw the application..save this letter as proof of withdrawal"
 
Hi indiflyer,

As per my experience at US Embasy in New Delhi there are couple of things that you should remember -

1) If you had a GC previously you would have to specify that in the Applicaiton Form when you are appying for a Non-immigrant Visa

2) even if the rule says that H1B can be dual intent - or for that matter even if you are appying for any other type - it is highly likely that they are going to deny your application as the Visa Officers in India go as per intuition - if they think that you might not be coming back they are definately going to deny it.

Hope this helps.
 
Some of the Non-Immigrant visa like H1 recognize the dual intent. You won't have problem, if you apply for H1 in future after abandoned I 485 now.

The Visa like TN (for Canadian and Maxican Citizen) do not recognize dual intent.




fast_gc_seeker said:
absolutely wrong!

why should there be any problem because GC is abandoned? I'm planning to abandon my and my wife's 485 in near future. One way to do this is not to enter US until AP expires. They say once AP is expired and an individual is not already inside US then there is no way for him or her to enter US in future[as AP renewal needs mandatory physical presence in US at time of its filing] and 485 will then be considered abandoned. Also I believe one can send a letter asking uscis to cancel pending 485's.
Click to expand...
 
guys - is this discussion only related to applications from the US consulate in India? if not, I have an approved I-140 but can't apply for I-485 due to visa retrogression..i want to study full time and i have 2 choices - 1) ask my wife to start her GC and hope the retrogression clears, and i will be able to study on H4 and then EAD..OR 2) apply for F1.. but F1 is supposed to be a visa for intent NOT to immigrate..will they grant me this if I cancel/withdraw the I-140 approval (or however you may call it) ?
 
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