Trying to withdraw I-751

[Bergziege 1]

My American husband and I have moved to Europe while my I-751 was pending. Someone on the USCIS hotline instructed me to send a signed letter asking to withdraw the application in order to get things settled since we're not planning to go back to the US any time soon - at least to live there.

Months later now and there is no record of this letter having been received, though the hotline can't tell me it has NOT been received, either. On top of that, mail from our US house is being forwarded to my in-laws, who occasionally forward the mail to us. Now on Saturday I got a letter saying that Tuesday (tomorrow) I am to appear in Charlotte, NC for an interview. If I don't show or cancel, my petition will be denied. I have no time to send the required paperwork to cancel, nor will I be able to be there, of course.

What can I do now? And more importantly, what exactly are the implications of being denied if I am outside of the country already, but very much want to go back to the US occasionally for visits and may one day want to reapply for a greencard if my husband and I decide to go back?

[oceanborn 33]

If your I-751 is denied, you will be deemed removable. You will be sent a letter of intent to deny, a letter stating the reasons for denying your application, and scheduled to appear before an immigration judge.

My recommendation would be to seek out an immigration lawyer who can assist you with this. I would say something like arranging a voluntary departure would be good, so that there's no impact on your return to the states and resettlement at a later date.

However, of course the best thing would be for you to hop on a plane and attend that interview with your husband -- of course, probably not possible given what you've described.

Good luck -- I'm sure some of the more experienced members will chime in here shortly!

[PingandPong 3]

My American husband and I have moved to Europe while my I-751 was pending. Someone on the USCIS hotline instructed me to send a signed letter asking to withdraw the application in order to get things settled since we're not planning to go back to the US any time soon - at least to live there.

Months later now and there is no record of this letter having been received, though the hotline can't tell me it has NOT been received, either. On top of that, mail from our US house is being forwarded to my in-laws, who occasionally forward the mail to us. Now on Saturday I got a letter saying that Tuesday (tomorrow) I am to appear in Charlotte, NC for an interview. If I don't show or cancel, my petition will be denied. I have no time to send the required paperwork to cancel, nor will I be able to be there, of course.

What can I do now? And more importantly, what exactly are the implications of being denied if I am outside of the country already, but very much want to go back to the US occasionally for visits and may one day want to reapply for a greencard if my husband and I decide to go back?

I'm sure there are contact addresses/numbers in the letter and what to do if you cannot attend the interview. Contact them by phone/email/etc. and explain! If you don't do it, then you might be in serious trouble in the event you want to go back to the US later.

[N-o-l-a 7,167]

Did you file a I-407 when you moved abroad to abandon your greencard?