Can I withdraw I-824 by myself now? Any effects on my I-485?

D

dvdhe

Registered Users (C)
Hi, friends,
I have been in I-485 for a long time and thought to do CP in March 04. Then I sent I-824 form to USCIS and then sent AC-140 to my home country consulate. However, 5 months passed by, the consulate did not give any case number back, even my lawyer sent requests twice. As now I-485 processing speeds up and my I-824 is still sleeping in CSC, I am wondering whether to withdrawal my I-824 (according to some friends on this forum, I-485 is assumed to be withdrawed when you signed a form from NVC that requested your decision, but a different view from murthy.com gives the following:
-------------------------------
http://www.murthy.com/485faq.html#18
------------------------------------
If a Form I-824 cable request is sent to request Consular Processing, the USCIS does interpret that action as a request to withdraw the I-485.
-----------------------------------------------------------------
Note: I do not understand what a "Form I-824 cable request" is? Is the submission of I-824 form from me deemed as "Form I-824 cable request", or the cable request from NVC or USCIS to consulate after I-824 approval? I am totally confused),

But my lawyer insisted that I-485 and CP can go together and did not suggest me to withdraw I-824. I have used EAD for a while and do not have any other status right now. Now processing time of CSC is near my I-485 receipt date, I am wondering whether to keep the I-824 going, or withdraw the I-824 by lawyer, or if the lawyer does not do that, can I withdraw it by myself? (what materials I need to write/attach in the letter to withdraw I-824 and what can be the effect of this action -- does my I-485 go unaffected?).

Thanks a lot! Any suggestions are very appreciated! :confused:
 
Hmm! As far as I know and what's the general understanding of this fourm, that if 824 is filed than 485 is considered abadonded (From the heading of this fourm "Note from Rajiv: INS has indicated that it will consider an I-485 to have been abandoned if an I-824 requesting Consular Processing is received by them. This is bad news. So far we have been processing consular processing cases hoping that I-")

If this is indeed true and 485 is abandoned, then is your EAD valid? If it is not, then how would the consulate view it? I would strongly suggest talking with a competent lawyer to clear this out.
 
DVDHE

Do you mind sharing that which consulate you are dealing with ?

Thanks
Rseth
dvdhe said:
Hi, friends,
I have been in I-485 for a long time and thought to do CP in March 04. Then I sent I-824 form to USCIS and then sent AC-140 to my home country consulate. However, 5 months passed by, the consulate did not give any case number back, even my lawyer sent requests twice. As now I-485 processing speeds up and my I-824 is still sleeping in CSC, I am wondering whether to withdrawal my I-824 (according to some friends on this forum, I-485 is assumed to be withdrawed when you signed a form from NVC that requested your decision, but a different view from murthy.com gives the following:
-------------------------------
http://www.murthy.com/485faq.html#18
------------------------------------
If a Form I-824 cable request is sent to request Consular Processing, the USCIS does interpret that action as a request to withdraw the I-485.
-----------------------------------------------------------------
Note: I do not understand what a "Form I-824 cable request" is? Is the submission of I-824 form from me deemed as "Form I-824 cable request", or the cable request from NVC or USCIS to consulate after I-824 approval? I am totally confused),

But my lawyer insisted that I-485 and CP can go together and did not suggest me to withdraw I-824. I have used EAD for a while and do not have any other status right now. Now processing time of CSC is near my I-485 receipt date, I am wondering whether to keep the I-824 going, or withdraw the I-824 by lawyer, or if the lawyer does not do that, can I withdraw it by myself? (what materials I need to write/attach in the letter to withdraw I-824 and what can be the effect of this action -- does my I-485 go unaffected?).

Thanks a lot! Any suggestions are very appreciated! :confused:
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