Hey guys i need some advise on my situation, I was married to a USC and filed for a green card based on marriage, during the interview, i found out she lied about being married to the Texas health department, so she could get food stamps. The interviewer said we need to go clarify all that first or it could make our interview very difficult. We had a big fight because i found out about some other fraud she was involved with. I decided i wanted to return to Europe and she agreed to withdraw my petition. The interviewer wanted us to fax her a withdrawal letter if we decided to go that route. The letter was faxed back in Jan and i have not heard back from them. What happens if i just leave the country?
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Voluntary withdrawal
- Thread starter dfwguy
- Start date
Jackolantern
Registered Users (C)
If you just leave the US without properly finalizing this, they might think you are still in the US, and that you've become illegally present (unless you have another valid status like H1B or L1) because of the case's withdrawal. That could lead them to initiate a deportation order, and the open deportation order could cause trouble when you apply for a visa or attempt to visit the US.
There are two main parts to the case -- the I-130, which was filed by her and she has the power to control its withdrawal, not you; and the I-485, which you control. I would suggest that after you leave the US, you contact the consulate in your country to let them know that you had a pending I-485 and have decided to leave the US and withdraw it. Ask them what you should do to properly document your presence outside the US to them (this may involve a visit to the consulate) and properly register your I-485 withdrawal (this might involve sending a copy of your I-485 receipt notice along with a letter, so make sure to keep the notice or a copy of it). Those actions will prevent or cancel any possible deportation orders against you.
If you still have your I-94, remember to give it to the airline agent when boarding the flight that leaves the US, as that will make it easier for the US govt. to be aware of your departure.
There are two main parts to the case -- the I-130, which was filed by her and she has the power to control its withdrawal, not you; and the I-485, which you control. I would suggest that after you leave the US, you contact the consulate in your country to let them know that you had a pending I-485 and have decided to leave the US and withdraw it. Ask them what you should do to properly document your presence outside the US to them (this may involve a visit to the consulate) and properly register your I-485 withdrawal (this might involve sending a copy of your I-485 receipt notice along with a letter, so make sure to keep the notice or a copy of it). Those actions will prevent or cancel any possible deportation orders against you.
If you still have your I-94, remember to give it to the airline agent when boarding the flight that leaves the US, as that will make it easier for the US govt. to be aware of your departure.
Jackolantern
Registered Users (C)
And don't take too long to leave the US, because if they have processed the withdrawal request that was faxed in January, any day now some ICE agents could show up to arrest you for deportation.
I presume you have filed for divorce or will be doing that soon.
I presume you have filed for divorce or will be doing that soon.
Jackolantern
Registered Users (C)
Thank you so much for your reply, I plan on leaving in May, i have 180 days from the day my petitioner sent the withdrawal letter to leave the country right?
Not really. Unless you have a valid H1B or L1, you're illegally present and you're technically supposed to leave immediately, and you are subject to deportation if they decide to pursue you. If you don't have a criminal record they'll usually give you at least a month to leave on your own before they initiate deportation, but after that month they could hold you for deportation at any time.
Where the 180 days is relevant is for determination of whether the 3-year ban will automatically apply when you leave. But if forcibly deported, there will almost surely be a ban of some years (as decided by the judge based on the relevant facts and laws), regardless of whether you've passed the 180-day mark. Not to mention that if they hold you for deportation, you could be locked up in a detention center for days, weeks or months. So you need to leave before they make you leave.
Also be aware that if you were illegally present at the time of filing the I-485, those days of illegal presence before the I-485 filing will be added to the days you have accumulated since the withdrawal, when calculating how many days to apply to the 180 day threshold or the 1 year threshold (1 year of unlawful presence -> 10 year ban).