Abandoning Green Card Petition

[marcyb 0]

Hello All,

Quick question here. My stepson who was in the US awaiting adjustment of status for a temporary green card decided that he wanted to go home to UK and adbandon his green card process. So...... with much reluctance his father and I, we both agreed and sent him back yesterday. I will cancel his petition. My question is this. He was here 11 months on a visa waiver. Will there be a problem if he should want to come back for a visit in the future for a couple of weeks? We are having a debate at my house. My husband says it shouldn't be a problem since he was going through the process and decided to go home and I say he could have problems going through customs since when he came here before on a visitors visa he decided on a whim that he just couldn't leave and wanted to stay forever with us which has proven to be a bunch of BS.........oh sorry still a bit bitter about all the money and time wasted lol.

But do any of you know or maybe can point me in the right direction where I can read on what will happen if anything next time he wants to come for a visit from the UK?

Thanks to all in advance.

Marcy

[payxibka 10,047]

AFAIK, you needed the greencard to be approved in order for the accrued overstay stays to be nullified. I am quite sure that all future VWP visits are prohibited and that he will need a tourist visa to visit again. Also, now potentially having over six months overstay, then he possibly has a 3 year ban as well...

[marcyb 0]

Thank you for the quick response. I figured it wasn't as simple as abandoning the peition after he has been here 11 months for crying out loud! and then all is well for the next visit. Do you or does anyone else know where I can go and read on this for my own info?? I have looked on the USCIS website and Im sure I am looking in the wrong area. Anyone have any ideas?

Thanks you so much

Marcy

[Boiler 46,109]

Thank you for the quick response. I figured it wasn't as simple as abandoning the peition after he has been here 11 months for crying out loud! and then all is well for the next visit. Do you or does anyone else know where I can go and read on this for my own info?? I have looked on the USCIS website and Im sure I am looking in the wrong area. Anyone have any ideas?

Thanks you so much

Marcy

How old is he, he starts accruing illegal presence once he hits 18, so he may have a ban of 3 years.

In any event he will need a B2 Visitor Visa if he wants to come back to visit if he has no ban or once it is served, may be difficult to obtain.

You can look on the Embassy web site. Sounds like he is the one who needs to do the looking.

Edited October 12, 2008 by Boiler

[marcyb 0]

Thank you for the quick response. I figured it wasn't as simple as abandoning the peition after he has been here 11 months for crying out loud! and then all is well for the next visit. Do you or does anyone else know where I can go and read on this for my own info?? I have looked on the USCIS website and Im sure I am looking in the wrong area. Anyone have any ideas?

Thanks you so much

Marcy

How old is he, he starts accruing illegal presence once he hits 18, so he may have a ban of 3 years.

In any event he will need a B2 Visitor Visa if he wants to come back to visit if he has no ban or once it is served, may be difficult to obtain.

You can look on the Embassy web site. Sounds like he is the one who needs to do the looking.

He just turned 19 and well...... you can imagine what thats like lol. And your right, he should be the one looking this up not me, but for future reference for his father and I, we are doing our own reseach. Im sure he could care less right now and is happyily sitting in a pub in London somwhere with his mates lol. You said something about the Embassy website, I will have a look over there and do some reading on visas. Anything anyone else has to add on this is well appreciated. Just trying to gather all the info I can before any future visits are scheduled. I need to have my ducks in a row. thanks again in advance all opinons are more than welcome.

Marcy

[Boiler 46,109]

He has then a 3 year ban. There is a waiver, I-192 I think, but he will need a pretty good story to get one.

http://www.usembassy.org.uk/cons_new/visa/niv/add_req.html

[marcyb 0]

He has then a 3 year ban. There is a waiver, I-192 I think, but he will need a pretty good story to get one.

http://www.usembassy.org.uk/cons_new/visa/niv/add_req.html

Hey thanks so much thats what I was looking for. I am sending in the cancelation letter tomorrow to the INS to finalize everything and be done with this whole nightmare. So with this bit of evidence, we will be ready for the next time a visit it planned or in this case attempted lol. I know I sound scarcastic but we went to alot of time, paperwork and expense for this kid to just turn around and want to go home, really hurts some. I am the type, I only get burned once. So I want to be well read and ready. Thanks for everything.

Marcy