Gurus, please help: Withdrawal of Spouse's 485

G

ganga9

Registered Users (C)
HI
Strange situation:- Because of chronic medical illness of wife & lost job situation, my Friend (whose 485 just got approved recently) wants to withdraw her 485 (filed in July 02) for easier medical attention in India & proximity to relatives and move permanently back to India. He knows that her 485 process can continue while not in US, but from the view point of illness his priorities have changed.
Any inputs from the forum on the withdrawal process and time involved are highly appreciated.

Thank you,
George
 
why does he wanna withdraw an application? hasn't he been waiting long enough? since he already got his green card, he can apply for re-entry permit anyways, cuz he has a legitimate excuse - taking care of ill wife. as for his wife, in case she's called for interview, try to reschedule. but of course she should have a valid AP. and if possible, always enter US at least once a year. if he withdraws his or his wife's case, the consequence is they will never get a non-immigration visa again - because they have already applied for permanent residence.
 
ganga9,

If your friend has decided to go back to India then why does he care about the 485 application process? Forget about it and move on, unless at some point of time in the future he wants the options of coming back here. In that case it is good to withdraw the case since it provides closure to the file.

With regards to his Green Card, he should try and maintain it. If he can't then to hell with it. Some things are more important than GC's. I doubt they will have problems when they apply for visa's to come to the US, since he has given up his GC by choice and so has his wife.

I actually know a family who has given up their GC's and recently applied for a visa, they got it with no problems.

Good luck to your friend!
 
'intention of immigration' is the most important factor when a consulate judges on a non-immigration visa application. previous green card application results in a strong intention of immigration, no matter it was withdrawn or denied. while immigration visa is different. anyways, it's good for your friend to keep his green card at least. when someday he got his citizenship his wife is gonna come in with no hassle at all. but giving up green card, i mean, he has more choices. there's no conflict between his green card and his life in india.
 
the_card & 140_takes_4ever,
Thank you for your inputs. How should one approach the withdrawal process? should my friend be applying on his own (given his unemployment situation) or should he let the current attorney handle it (albeit at some cost) ? What kind of forms he will need to fill in? Can his wife go to India to get her treatment (right away) while he completes filing these forms on the beneficiary's behalf? How much time does it take before they get a confirmation that her 485 is withdrawn (for any followup from here before he leaves US)?

Thank you again,
George
 
this is a tough question. i have never paid attention to that cuz it's never gonna happen on me. but i would assume INS should have a form for case withdrawal. you might wanna search it on their website. if not, a simple letter should be fine. cuz i heard of strories that people pissed off boss and boss got their cases withdrawn by writing a simple letter to INS. but it does take time. as far as i know it's about 3-6 month at least. but you better ask your lawyer about it, or simply call INS and figure out how to do it. you might even be able to get everything done just on the line.
 
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