Greencard Cancellation

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RamaB

Registered Users (C)
My Father-in-law's brother applied for his greencard and 2 years back it got approved.For some reason my FIL decided not to take up the GreenCard.He got a letter saying if they donot respond in 3 months the application will be void .He did not respond to that and we all thought the case is no longer active.


They went to Chennai consulate for Visitor's visa now and the VO typed their names and asked about the Greencard.They said that
they decided not to take it.He said that the case is still active and called Washington and confirmed the same.He said that
since that case is active he cannot issue a vistor's visa.

How do we find out more about the case still being active and how do we cancel the application?

Any help would be appreciated.

Thanks
 
it's not that it's "active" per se, but we need to know more about the application before we can give you a definite answer. What type of immigrant visa did your relative applied for? Who sponsored him? If it was based on a relative's immigrant status, and the relationship still exists (father-son, for example), then I-130 is still godd - once approved it's valid as long as both are alive. Just because your relative did not actually go to an interview and get his visa based on the approved petition, does not invalidate that petition.

But in any case you should know that once a person applies for an immigrant visa, that will be a proof forever that he has immigrant intent, and it will be extremely difficult to get an non-immigrant visa. Unless a person has even stronger proof that he does not intend to immigrate. A simple "but I don't want to immigrate any more" does not do as a proof.
 
Thanks for the reply.

Its a family based greencard .His brother applied about 20 years ago or so.

He got a letter saying that if he does not respond to the application it will not be active anymore.He did not respond.

But the VO called Washington and confirmed that the case is still active.
Now our question is :He is not interested in taking that up .How do we go about cancelling that case? Can his brother pull back his application ?
We would like to cancel it and then go for a visitor's visa.

We are not sure whom to contact to go forward in this.
 
Every intending visitor to the US is deemed a potential immigrant by law. However since you FIL is the beneficiary of an approved I-130, it makes life a tad more difficult for him. He somehow needs to convince the consul that he is not a potential immigrant. Unfortunately, ample proof is stacked against him.
Good luck to your FIL!!!

RamaB said:
Thanks for the reply.
But the VO called Washington and confirmed that the case is still active.
Now our question is :He is not interested in taking that up .How do we go about cancelling that case? Can his brother pull back his application ?
We would like to cancel it and then go for a visitor's visa.
Click to expand...
 
Last edited by a moderator:
Why not just take the immigrant visa then? Since he wants to visit the US anyway, if non immigrant visa is so hard to get why not get the immigrant visa which is already approved? He can travel whenever he likes.
 
twopac3 said:
Why not just take the immigrant visa then? Since he wants to visit the US anyway, if non immigrant visa is so hard to get why not get the immigrant visa which is already approved? He can travel whenever he likes.
Click to expand...
if the priority date on that petition is not current, he cannot get an immigrant visa yet. It takes 12 years for a priority date for F4 category to become current. We don't know when the petition was filed.
 
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