Withdrawal Acknowledgment Notice Sent for derivative I-485

H

helpless4now

Registered Users (C)
Hi,

Today I got an email from CRIS saying that


Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Withdrawal Acknowledgment Notice Sent

On June XX, we mailed a notice acknowledging withdrawal of this application or petition I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. If you have not received the notice within 30 days of June XX, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.

Actually I haven't applied for withdrawal of I-485 and my husband(currently not staying together but divorce is not finalised) who is primary applicant has done with out informing me

1) can primary applicant with draw my application without informing me i.e without my signature?

2) How long can I stay here to pack my things?

3) can I apply for MTR stating that application is withdrawn without my intention.I wanted to go for MTR because I wanted to stay here till my H1 got approved because my employer filed for H1 and its under process not approved?

4)If I apply for MTR am I eligible to stay here?

5) I am working now on EAD.Am I eligible to work till I got hardcopy from USCIS or should I stop immediately?

6)I wanted to file compliant against him stating that he didnt informed before withdrawing.can I go a head and file for compliant

please clarify my questions
 
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As he is main applicant, he can communicate to USCIS of any status changes

I dont think you have much time, but I guess if you have H1B notice, you might be ok,- check with attorney

if you have valid/legal reason you can file MTR

IF any application denied or withdrwan all underlying applications will be invalid as per my experience

- Better you immediately talk to your attorney
 
helpless4now said:
Hi,

Today I got an email from CRIS saying that


Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Withdrawal Acknowledgment Notice Sent

On June XX, we mailed a notice acknowledging withdrawal of this application or petition I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. If you have not received the notice within 30 days of June XX, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.

Actually I haven't applied for withdrawal of I-485 and my husband(currently not staying together but divorce is not finalised) who is primary applicant has done with out informing me

1) can primary applicant with draw my application without informing me i.e without my signature?
--------------------For your I-485 to withdraw the letter should be with your signature. did you gave any blank page with your signature to him or lawyer?
2) How long can I stay here to pack my things?
-----------------If no I-485 pending then you dont have any status at this time in US.
3) can I apply for MTR stating that application is withdrawn without my intention.I wanted to go for MTR because I wanted to stay here till my H1 got approved because my employer filed for H1 and its under process not approved?
----------------------------you can go to good lawyer and find if you have any options according to your situation.
4)If I apply for MTR am I eligible to stay here?
-----------------------go to lawyer

5) I am working now on EAD.Am I eligible to work till I got hardcopy from USCIS or should I stop immediately?
--------------------- you should wait for hard copy. if lawyer filed your I-485 and you signed form G28 then lawyer will get hard copy and contact the lawyer who filed I-485.
6)I wanted to file compliant against him stating that he didnt informed before withdrawing.can I go a head and file for compliant
---------------------- you dont have any evidence that he informed USCIS. if you have evidence then you can contact lawyer. he may have revoked form I-134 and you dont know if he sent letter or not.
please clarify my questions
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you should contct your husband find out if he sent any letter to USCIS or find the info from lawyer. you can also contact customer service 1-800-375-5283 and can ask them why your I-485 is Withdrawn as you have not sent any letter and request them to contact you to second level officer or let them contact service center officer (inform your A #and I-485 filing receipt number, name, Dob.
 
ginnu said:
-For your I-485 to withdraw the letter should be with your signature. did you gave any blank page with your signature to him or lawyer?.
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I didn't gave any blank page with my signature and I have removed lawyer of my husband from my file by filing G28 2months back only and now no lawyer is representing my file.
ginnu said:
you dont have any evidence that he informed USCIS. if you have evidence then you can contact lawyer. he may have revoked form I-134 and you dont know if he sent letter or not
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No one knows my receipt number and Alien numbers except him so I think he is the person who did that
TheRealCanadian said:
Your husband and/or his attorney may have committed a felony
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Because they committed felony I am going to file compliant against them
 
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helpless4now said:
I

didn't gave any blank page with my signature and I have removed lawyer of my husband from my file by filing G28 2months back only and now no lawyer is representing my file.
-------------------------How you could file form G28? form G28 is filed by lawyer. what did you wrote to remove lawyer from your I-485?

No one knows my receipt number and Alien numbers except him so I think he is the person who did that
--------------------may be.
Because they committed felony I am going to file compliant against them
-------------TheRealCanadian has said "May be" he did not say that he is sure that your husband or lawyer committed felony. you should hire your lawyer and explain the situation.
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may be you wrote to USCIS to revoke the G28 filed by lawyer and they revoked I-485 by mistake. do you have copy of the letter you wrote to USCIS? if yes show it to your lawyer.
 
I got hard copy from USCIS with the following information

We here by acknowledge receipt of you request to withdraw the Application to register premanent Residence or Adjust Status (Form I-485) you filed on mm/dd/yyyy and correctly filed on mm/dd/yyyy. Action has been terminated on this application.

Title 8, Code of Federal Regulations 103.2(b)(6), states:

Withdrawal. An applicant or petitioner may withdraw an application or petition at any time until a decision is issued by USCISor, in the case of approved petition, until the person is admitted or granted adjustment or change of status, based on the petition. However, a withdrawal may not be retracted.

The fee is pad for the filing of the form and cannot be refunded.

what are my options now

1)My lawyer told that I can file for MTR as I haven't signed any withdrawl form.Am I on status until I get receipt for MTR?
2)can I use EAD if I file for MTR?
3)what will be my status between now and the date USCIS accept my MTR?
4)does this gap(between now and the date USCIS accept my MTR) effect my H1 stampinng?

please clarify my questions
 
"We here by acknowledge receipt of you request to withdraw the Application to register premanent Residence or Adjust Status (Form I-485) you filed on mm/dd/yyyy( does it match with your date of filing of your I-485 date as on I-485 reciept?) and correctly filed on mm/dd/yyyy." what is this correctly filed on mm/dd/yyyy? did you file I-485 incorrectly???

Can you post the wording of letter that you sent to revoke form G28 filed by lawyer?
 
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helpless4now said:
I got hard copy from USCIS with the following information

We here by acknowledge receipt of you request to withdraw the Application to register premanent Residence or Adjust Status (Form I-485) you filed on mm/dd/yyyy and correctly filed on mm/dd/yyyy. Action has been terminated on this application.

Title 8, Code of Federal Regulations 103.2(b)(6), states:

Withdrawal. An applicant or petitioner may withdraw an application or petition at any time until a decision is issued by USCISor, in the case of approved petition, until the person is admitted or granted adjustment or change of status, based on the petition. However, a withdrawal may not be retracted.

The fee is pad for the filing of the form and cannot be refunded.

what are my options now

1)My lawyer told that I can file for MTR as I haven't signed any withdrawl form.Am I on status until I get receipt for MTR?
------------------- talk to your lawyer if you have not signed the I-485 withdrawl letter. it will be much better if you have the copy of the letter that you sent to USCIS to revoke the form G28 filed by lawyer so that lawyer can see if your wording on letter was correct and you did not request the fwithdrawl of your I-485.
2)can I use EAD if I file for MTR?
-------------------talk to your lawyer for your all your questions and provide him the copy of the letter that you sent to USCIS..
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---------------------------
 
ginnu said:
"We here by acknowledge receipt of you request to withdraw the Application to register premanent Residence or Adjust Status (Form I-485) you filed on mm/dd/yyyy( does it match with your date of filing of your I-485 date as on I-485 reciept?) and correctly filed on mm/dd/yyyy." what is this correctly filed on mm/dd/yyyy? did you file I-485 incorrectly???
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yes lawyer sent the amount on the check incorrectly so we resend it again
ginnu said:
Can you post the wording of letter that you sent to revoke form G28 filed by lawyer?
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Name:xxxx
A#:xx
DOB:xx
I-485 RECEIPT#:xxx

TO
USCIS
Service Center
Service Center Name

RE: REQUEST TO REVOKE THE FORM G28 FILED BY ATTORNEY WITH PENDING I-485

Dear Sir/Madam,

I HAVE MY DERIVATIVE i-485 PENDING WITH YOUR SERVICE CENTER.I REQUEST YOU TO REVOKE THE FORM G28 SENT BY ATTORNEY.ATTORNEY WHO SENT FORM G28 WITH MY i-485 FORM NO MORE REPRESENT ME.
PLEASE SEND THE FUTURE COMMUNICATION DIRECTLY TO ME ON MY HOME ADDRESS.


Sincerely,
SIGNATURE
NAME
ADDRESS

EMAIL ID:xxxx
 
TheRealCanadian said:
I'd also be making a complaint at my local police station, contacting ICE and the US Attorney's office.
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should I have to show the hard copy at the local police station while filing the compliant.Actually my intention behind filing the complaint against my husband is he didn't let me know about the withdrawl.so,if I didn't have any idea about checking my status online,removing attorney from file then I would have been illegally stayed here because my hard copy will have been gone to his lawyer and I would have been unaware of that.
 
helpless4now said:
yes lawyer sent the amount on the check incorrectly so we resend it again


Name:xxxx
A#:xx
DOB:xx
I-485 RECEIPT#:xxx

TO
USCIS
Service Center
Service Center Name

RE: REQUEST TO REVOKE THE FORM G28 FILED BY ATTORNEY WITH PENDING I-485

Dear Sir/Madam,

I HAVE MY DERIVATIVE i-485 PENDING WITH YOUR SERVICE CENTER.I REQUEST YOU TO REVOKE THE FORM G28 SENT BY ATTORNEY.ATTORNEY WHO SENT FORM G28 WITH MY i-485 FORM NO MORE REPRESENT ME.
PLEASE SEND THE FUTURE COMMUNICATION DIRECTLY TO ME ON MY HOME ADDRESS.


Sincerely,
SIGNATURE
NAME
ADDRESS

EMAIL ID:xxxx
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According to your letter you only requested to revoke the form G28.It means somebody sent request to withdraw your pending I-485 or it is USCIS mistake. act according to your lawyer.
Good Luck!!
 
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