Experts!!: Abandon I-485 application - Am I serious!

G

gc_man

Registered Users (C)
Well..Lot of you might raise eye-brows..but let me ask it anyway.

I applied I-485 in Dec'03, have already completed the following milestones:
1. Got EADs for both me and wife
2. Got APs for both
3. Got FPs done for both
4. Have valid H1/H4 visas till end of 2005

What do I need to do to gracefully exit out of 485 process to pack up and go home. I know..one option is to not do any thing..but I guess that might screw up my options to do any business travel to US in future. And I don't want to have a bad spot on my immigration history.

I know in this quest for GC, everybody is busy and may think Iam drunk but in case I want to go..what are the steps.

Thanks
 
Are you serious that your file is first of all touched as lot of them are waiting something to happen from Jan 2002... :((
 
One of my friend left just like that. But he went to India to set up shop for
his company here. Technically he is still working for the same company and
maybe he might get his GC even in India.
 
hey gc_man,

If I understand correctly, you are asking if you will have problems later in your life getting a B1/B2 visa because you once tried to immigrate to the US, right ?

Well, this is hard to say. Last time I asked for a non-immigrant visa (long time ago), the form asked questions like "are you the beneficiary of an immigrant visa petition", or "has anybody ever filed a permanent labor certification on your behalf". Differently than an H1/H4 visa (which allows dual intent), most other non-immigrant visas require that you demonstrate you will go back to your country. Having an I-140/LC approved in the past raises questions -- and I would advise you not to ommit that as they can find out very easily. You will probably have to explain your decision to go home to the visa officer and s/he can just accept it without a problem or give you a hard time. I guess it all depends on the officer and other circunstances (like having wife/kids home while visiting US on a short business trip).
 
You can always ask your lawyer to file a petition to withdraw your case. It isn't too difficult and definitely possible.

While that is always your option, IMHO, I don't think you are doing yourself justice. Withdrawing and quiting the process, while simple might lead to problems later as other people have posted in the thread. The alternative to that is as desi-bartender suggested, keep the petition alive, move back to your home country, in the intereim, try striking a deal with your current company, asking them to support you in case of RFE. What this does for you is the following:
1. You stand a good chance of approval with RFE, in which case an abandoned GC won't reflect badly on your immigration track record. (Even though you go back to your country, you might have to come back here occasionaly on business trips, better to have a GC in which case). An approval also gives you more alternatives like coming back here in case you find that the "grass is NOT greener" on the other side
2. In case you are sent a RFE:
a. You could get approved if your relationship with your ex-company is good. In which case refer to point 1.
b. You could get rejected, in which case you are no worse than you would be if you withdraw the AOS application.

Remember, if/when you come back to the US on a visa, the form will ask you if you are a beneficiary of the immigrant visa petition, but at the same time won't ask you why the petition was not completed.

Eitherways it is your decision, I am sure you are mature enough to think it through. Good luck with either choice.
 
gc_man said:
Well..Lot of you might raise eye-brows..but let me ask it anyway.

I applied I-485 in Dec'03, have already completed the following milestones:
1. Got EADs for both me and wife
2. Got APs for both
3. Got FPs done for both
4. Have valid H1/H4 visas till end of 2005

What do I need to do to gracefully exit out of 485 process to pack up and go home. I know..one option is to not do any thing..but I guess that might screw up my options to do any business travel to US in future. And I don't want to have a bad spot on my immigration history.

I know in this quest for GC, everybody is busy and may think Iam drunk but in case I want to go..what are the steps.

Thanks
Click to expand...

It is upto you. If you decide to abondon the application, no one will stop you. You might be knowing very well the tedious and lengthy process of obtaining green card. If you abondon your I-485 application, it will be hard to come back and it will have impact on your immigration or non-immigration applications in future.
 
Hi 140_takes_4ever
What kind of problems have people faced!!. Actually Iam not able to one a person in situation like mine.
The fact of waiting for the GC will take forever, If INS was efficient enough..we won't have this forum. And to be honest I don't think I can wait to go back for more than 6 months.

Thanks for your thoughts in advance.
 
Personally, I don't see the advantage of going of going back unless you have a job offer in hand. If you are currently gainfully employed, you could always start looking for jobs in your home country, while you wait for your AOS approval. These days monster has a specific India section where you can start hunting jobs in India. A number of my friends have used this to get jobs in India waiting for them while they wind down their lives here. I don't see any percentage in just going back and starting to search a job there without a source of income.

Also, the rate at which INS is processing cases, you could get your approval within 6-10 months. The are moving at a real fast place, and the worst thing you could do is jump the boat early thinking they are not going to process your cases for some time and INS proves you wrong.

As far as problems are concerned, the biggest issues in getting a visa back to the US if you have to is potential immigrant. Specially if you have already showed an interest in applying for immigration before. In which case the decision to approve/deny your cases lies in the hands of a unsympatetic visa officer. If you don't get a visa to come to the US then that is a pain in the ass.

I would think hard and deep as to why I really want to go home. Offcourse the decision is yours.
 
gc_man said:
Well..Lot of you might raise eye-brows..but let me ask it anyway.

I applied I-485 in Dec'03, have already completed the following milestones:
1. Got EADs for both me and wife
2. Got APs for both
3. Got FPs done for both
4. Have valid H1/H4 visas till end of 2005

What do I need to do to gracefully exit out of 485 process to pack up and go home. I know..one option is to not do any thing..but I guess that might screw up my options to do any business travel to US in future. And I don't want to have a bad spot on my immigration history.

I know in this quest for GC, everybody is busy and may think Iam drunk but in case I want to go..what are the steps.

Thanks
Click to expand...


Even though it is a pretty old query there are a lot of people who want to go back. I have seen people who have left after getting their GC. In that case to get a B1/B2 visa would be difficult.

A lot of people want to abandon and go back.Is there any graceful way of doing it?

Thanks
 
Complete the GC

I suggest you complete the GC because you need not abandon it right away even if you return to India.

You can file for absence from the country in case you want to go to India for a couple of years. Ask your attorney. I say this because this is exactly what my boss has been doing for last 4 years. He is a US GC holder, lives in bangalore and every year or two renews his application for absence.

This way his GC stays valid, giving him options to return to the US. Also his travel to the US (and probably europe/canada) is much easier.

This is a great option and having come so close I think you should not dump it outright.

my 2 cents

-bekarar
 
why cannot you try calling the national customer service center and check with them regarding what is happening with your case.

Who knows quite a few 04 appliers have gotten approvals and you might just trigger something on your case if you are lucky (ofcourse only if there is some luck and blessing of the higher power) while you contemplate to get out of US forever.
 
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