Can I withdraw?

[lori27 0]

Hello everybody,

I have a fairly complicated question and hope to get some answers. Here is my background story: We filed an I-751 jointly but got divorced a few months after. I recently returned to my home country before expiration of the extension letter. My former roommate now said we received a notice for an interview. Of course, we cannot attend that interview since we are no longer married and I am currently out of the country.

I am now worried about future entries to the US due to my I-751 (if I ever want to get another visa that is etc). If I simply do not go, I guess I will be denied and put in removal proceedings. Would I then be ineligible to enter the US again (for 5 years or longer)? Can I somehow withdraw the I-751 by writing to my local office and stating I left the country due to divorce?

I read somewhere that a denied I-751 pretty much bans me for a long time and I would like to prevent that from happening since I dont think I did anything wrong. Any adivce anyone?

Thanks a lot!

Edited July 31, 2008 by lori27

[Mononoke28 135]

You should've cancelled the I-751 before you left the country if your intentions were not to live in the US. I'm not sure that cancelling it will deny you future entries but check to see what they say. If you do get to come back (I'm not sure where you will be coming from), you will most likely not be able to stay for 5 years or longer unless you get another permanent residency.

Diana

[lori27 0]

to clarify: i would come back as a tourist or for work at some point. no immediate plans. just dont want to screw things up. I understand I should have done this before leaving but the milk is already spilled

[*Robert* 2]

It seems to me, this is a case of what the USCIS calls "abandoning status". You have not done anything wrong. You left the country, that's all! It's not like you're trying to stay here illegally. Hopefully someone else might have more information, but in my mind, you might be worrying too much.

When it comes to applying for another visa, they always ask if you applied for, were approved, or disaproved for any other type of visa, and details. This is where you would explain your situation.

Once again... You have done nothing wrong.

[cherr1980 1]

It seems to me, this is a case of what the USCIS calls "abandoning status". You have not done anything wrong. You left the country, that's all! It's not like you're trying to stay here illegally. Hopefully someone else might have more information, but in my mind, you might be worrying too much.

When it comes to applying for another visa, they always ask if you applied for, were approved, or disaproved for any other type of visa, and details. This is where you would explain your situation.

Once again... You have done nothing wrong.

Well, the thing is that USCIS does not know that you are out of the country because you did not exit as a tourist, remember?

When having pending issues it's better to just close chapters than having something pending there (plus not counting that they could be working in somebody's else case that does want to stay here).

I don't think you did something wrong, but I think you should close or cancel that application.

Be aware that regardless of your future plans if you have to apply for a visa (unless your are part of the visa waiver program) one of the questions is if you ever applied for an immigrant visa, etc.

Is not that you will get deny the entry...but if you get denied then you get in removal proceedings, let's say that is in the system for a couple of years, then you enter as a tourist...it can cause an issue, Im not saying that you won't be able to enter, but just as a precaution sent a note to the service center with a copy of your NOA, if you have one, stating the withdrawal of your filing and that you return to your country and you don't want anything that may cause an issue if you return as a tourist.

Remember, that for USCIS not necessarily "abandoning" your status you become then a tourist.

[*Robert* 2]

It seems to me, this is a case of what the USCIS calls "abandoning status". You have not done anything wrong. You left the country, that's all! It's not like you're trying to stay here illegally. Hopefully someone else might have more information, but in my mind, you might be worrying too much.

When it comes to applying for another visa, they always ask if you applied for, were approved, or disaproved for any other type of visa, and details. This is where you would explain your situation.

Once again... You have done nothing wrong.

Well, the thing is that USCIS does not know that you are out of the country because you did not exit as a tourist, remember?

When having pending issues it's better to just close chapters than having something pending there (plus not counting that they could be working in somebody's else case that does want to stay here).

I don't think you did something wrong, but I think you should close or cancel that application.

Be aware that regardless of your future plans if you have to apply for a visa (unless your are part of the visa waiver program) one of the questions is if you ever applied for an immigrant visa, etc.

Is not that you will get deny the entry...but if you get denied then you get in removal proceedings, let's say that is in the system for a couple of years, then you enter as a tourist...it can cause an issue, Im not saying that you won't be able to enter, but just as a precaution sent a note to the service center with a copy of your NOA, if you have one, stating the withdrawal of your filing and that you return to your country and you don't want anything that may cause an issue if you return as a tourist.

Remember, that for USCIS not necessarily "abandoning" your status you become then a tourist.

Agree. It is always best to wrap things up neatly.

However, I think that by neither of them showing up to the Removing Conditions interview will be a clear sign to the USCIS that they have abandoned their case.

[lori27 0]

thanks guys! I want to avoid the removal proceedings (no need to have that on my record). I guess I will just send a letter to the local office then or also the service center (I was transferred several times)?