Consequence of giving up pending I-485

4

485pending

Registered Users (C)
Dear all,

My employment based I-485 has been pending for almost a year. I recently took a job offer from oversea and I have to give up my I-485 application because I will no longer work for a US company. Now my question is what will be the consequence of abandoning my pending I-485 application? I am especially concerned about the following two points:

1. If I want come back and work in the US in the future, will it affect my chance of getting green card in the future? I hope INS won’t get mad that my patience does not last as long as their processing time.

2. If I want to visit US in the future, would my visiting visa be denied because of I used to have immigration intent?

By the way, do I have to inform INS that I am going to give up my I-485 application?

Best
 
My replies are in bold below:

1. If I want come back and work in the US in the future, will it affect my chance of getting green card in the future? I hope INS won’t get mad that my patience does not last as long as their processing time.

No, but too bad you hadn't gone the CP route as you would have been done long ago. Good lesson here for others who are still considering the two options. Even with concurrent processing of I-140/485 you still have a longer wait and the INS is NEVER consistent in their promises.

2. If I want to visit US in the future, would my visiting visa be denied because of I used to have immigration intent?

No, all the matters is that you convince them that you no longer have this intent. Having a good job and home established overseas is a good defense of your current intent.

By the way, do I have to inform INS that I am going to give up my I-485 application?

Yes, you should send them a letter requesting withdrawal.
 
Last edited by a moderator:
GCDreamer2000,

Thanks for your insight. Any idea when should I notice INS for withdraw, before or after I leave?

Best,
 
Do it after you leave, otherwise your status while in the U.S. is left in limbo until you leave.


Originally posted by 485pending
GCDreamer2000,

Thanks for your insight. Any idea when should I notice INS for withdraw, before or after I leave?

Best,
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