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  1. #1
    Join Date
    May 2008
    Posts
    3

    Default How to Cancel I-485 Approval when No Green Card was Received

    Guru's please help with the following situation: Labor PD: Dec 2002, Labor approved Feb 2005, I-140 approved May 2005, Filed I-485 (because of retrogation) in May 2006 for both me and wife. Got EAD Dec 2006. Got laid off in Feb 2007 from sponsoring company and decided that I have had enough of US immigration waiting and returned to home country for good in April 2007. Changed address to friends US address for USCIS records just to make sure that any communication from USCIS does not get lost in the mail. Was sure that the employer will cancel the whole GC process. But to my suprise on April 21st 2008, received the automated email from USCIS that 485 has been approved. The I-797 approval notice of action was received at my friends US address with a note that the plastic card should arrive within 30 days. This was back in April-May 2008 time frame. Well the plastic card never arrived inspite of phone calls to USCIS to either cancel the 485 or send the card.

    Can someone please educate me as to what I should do get the 485 cancelled and stop further processing of my wife's 485. I am afraid that I am stuck in a situation where the USCIS records indicate that I am a permanent resident, while I have been out of the US for 2 years and do not intend to return. The US Consulate here has been of no help. Will this have any overhang for future US visits/immigration for me and my wife or for my children who are US Citizens.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Cancel I-485 Approval when No Green Card was Received

    Didn't we cover this last year?

    With due respect to your use of a false address with the USCIS, you've physically abandoned your U.S. residence and you don't have advance parole. I don't see a way for you to enter the U.S. without adding a layer of fraud on top of that. If you have any interest in trying to salvage your permanent residency, I suggest that you consult an immigration lawyer.

  3. #3
    Join Date
    May 2008
    Posts
    3

    Default Re: How to Cancel I-485 Approval when No Green Card was Received

    Thanks for the reply Mr. Knowitall. Yes I had posted the same question last year at the time of the 485 approval to get other opinions of its validity, which I myself suspected was done in oversight. My intent in giving the US address was to ensure that the official confirmation of the USCIS's cancellation of my immigration case (after employer's withdrawal of support for it) reached safely in my hands and did not get lost in the mail. The danger of which would have been very high if I had given an international address.

    In any case my intent even now is not to revive the GC case, but to gracefully cancel it and get a confirmation for my records from either the US Consulate or the USCIS that I have indeed asked them to cancel it. By doing so I believe I would have wiped the slate clean for any future visits to the US if required. So if you have any info as to how to ask them to cancel the case - I would be grateful if you share it with me. Thanks.

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