Abandoning Application no desire to stay

[wahound 0]

Hi,

I have a question with which im hoping someone would be able to help.

My family has a successful business overseas for which I am to eventually take over when the time is right. I had been sent by my family to USA for studies (F-1) and knowing very well who I was to get married to we decided to complete the formalities here itself so I may visit back and forth with wife to see family and not have to wait for visas each time. It didnt seem like a big deal back then. The problem is that the application was filed over a year and half ago and at that stage we had no idea it would take this long and I would have returned instead of overstaying while waiting for my status to adjust. In other words I screwed myself from being able to travel back and forth freely on non-immigrant visa.

I was told that the USCIS needs 6 additional months (4 from now) to make a decision as they are reviewing my case. Our patience was running really thin as I have extreme pressure to return and take over my family's business. We were making a decision to just return and abandon the application and the associated stress since we do not plan to live here anyways. The problem is that we got a email from our lawyer that a Stokes is scheduled for us in the coming few weeks.

Now whats screwing with our heads is, should we decide to not attend the interview and ask for extension and meanwhile leave would we (me in this case) be slapped with a section 240© lifetime ban ?! I just came across it on google and it freaked us out. What if they send us a notice of voluntary departure and we leave ?! We have absolutely no desire to unneccesarily harass ourselves with stokes when as I said we dont plan to stay here. I just don't want to get perma banned should i wish to visit 10-15 years later to with kids to show them where we grew up or disneyland etc.

Thanks

[wahound 0]

Bumping. Anyone help ?

[VanessaTony 3,567]

Abandoning GC isn't cause for a lifetime ban. My only concern with leaving prior to a Stokes is that your relationship won't look good.. it will look like you were in a fake relationship, realised you were "caught" and left before being proven innocent.

One way would be to send a letter of withdrawal stating that your wife AND you are returning to your home country, have her sign it as well. Alternatively, stay, get the GC, then leave and give it up at the embassy.

As for ANY overstay ban, did you overstay your F1? You seem to think that this period waiting for AOS counts, it doesn't. You entered a period of authoized stay when you filed AOS. To find out your ban time (if any) that you would get if you left before getting GC, when did your status as an F1 expire, and when did you apply for AOS?

[JimVaPhuong 4,863]

Section 240(C) is for failure to appear for removal proceedings. You're not in removal proceedings at this point. Your application is still being adjudicated. You can withdraw your application anytime and leave the US.

As Vanessa said, you are granted a period of authorized stay while USCIS is adjudicating your adjustment of status. If you didn't accrue 180 days of unlawful presence before you submitted your AOS application then you won't incur a ban when you leave. However, I'd be a little surprised if you were issued another non-immigrant visa after the fiasco with your AOS application.

If you don't plan on living in the US then you never should have submitted an AOS application. Permanent residents are required to reside in the US. A green card is not intended to be a convenient alternative to a non-immigrant visa.

[Penguin_ie 5,986]

As the others have said, there will likely be no ban, but it will be very difficult for you to return anyways, especially on a non-immigrant visa (ie for business, or to visit your USC wife's family). Even a spousal visa down the road would receive extra scrutiny, as they clearly have doubts about your relationship now.

[wahound 0]

Thank you so much people for your responses.

Unfortunately, due to a incompetent lawyer and his staff our AOS forms were never really submitted properly to the USCIS initially which eventually put me outside the 180 days period, and all this time we were thinking that USCIS is just taking its sweet time processing.

If we send a letter to USCIS saying we are withrawing our application does anyone have an idea how much time one gets before voluntarily leaving ? i understand fully well that I shall be subject to a 10 year ban because of overstay but that doesnt bother us since my Wifes parents are relocated to our native country (old age) and we have no other family or relatives here which makes it so much easier to relocate.

Secondly, should we skip on the stokes I understand that we shall recieve a notice to depart voluntarily. If one departs within that time frame, he isnt subject to the 240C ruling correct ?

Thanks a lot people. god bless you all.

[wahound 0]

Im sorry, im unable to edit the above post. I just wanted to rephrase a question I had in the previous post.

Legally, Do removal proceedings start once you fail to voluntarily depart after they ask you to do so or do they start the minute they send you a notice to voluntarily depart ? im just trying to understand at what stage the 240C rules kick in.

Thanks

Edited October 5, 2011 by wahound

[skiptex 225]

Is ur wife us citizen?

[wahound 0]

Is ur wife us citizen?

Yes my wife is a US citizen who got her citizenship a couple of years ago based on her immigrant father.

[wahound 0]

Section 240(C) is for failure to appear for removal proceedings. You're not in removal proceedings at this point. Your application is still being adjudicated. You can withdraw your application anytime and leave the US.

Im sorry Jim for making multiple posts, but for some strange reason the EDIT key is not showing up even after logging in and out multiple times.

I read up on the 240C and yes you are correct that it is only when you fail to show up for a hearing ordered by a judge. I guess my question is completely different then. At what point does DHS invoke the rule 240a/b/c/ to deny any sort of future immigration and put a lifetime ban on an individual once they leave the country? . If we were to recieve a notice to voluntarily depart and we do, would that still put us at a risk of permanent ban even after 10 years ?

[JimVaPhuong 4,863]

Im sorry Jim for making multiple posts, but for some strange reason the EDIT key is not showing up even after logging in and out multiple times.

I read up on the 240C and yes you are correct that it is only when you fail to show up for a hearing ordered by a judge. I guess my question is completely different then. At what point does DHS invoke the rule 240a/b/c/ to deny any sort of future immigration and put a lifetime ban on an individual once they leave the country? . If we were to recieve a notice to voluntarily depart and we do, would that still put us at a risk of permanent ban even after 10 years ?

You only get an edit button for a limited period of time if yours is the last post in the thread.

Section 240 doesn't kick in until removal proceedings have begun. USCIS policy is to notify an alien that they intend to start removal proceedings. The alien is usually given 30 days to respond to this notice. There are a few circumstances where this doesn't happen. For example, someone who entered using the Visa Waiver Program wouldn't necessarily get a notice of intent because they waived the right to appeal when they used the VWP. There have been cases of VWP applicants who were taken into custody immediately after an AOS interview and summarily deported. In your case, I'm almost certain they'd send a notice of intent before starting removal proceedings. You'll want to have someone checking your mail after you leave just in case USCIS sends a notice of intent. If they send one then you'll want to respond to it letting them know you've left the US. Otherwise, they might start removal proceedings and send a summons, and 240(c) will kick in if you don't appear.

Keep all documents related to your exit from the US - boarding passes, etc. In the event that CBP doesn't properly record your exit then you'll need these documents to prove what day you left the US. The ban begins the day you leave.

[wahound 0]

Thank you so much for all this information really really helped. I guess we will stick to our plans and definitely leave before summons.

Cheers !

[Brother Hesekiel 2,235]

If in 15 or 20 years you desire to visit Disneyland with your children, your B2 visa application will be decided upon on its own merit. If you can show that you have a substantial business and real estate in India, it will be weighed against being the husband of a U.S. citizen (O.C.I., I presume?) and U.S. citizen children. It won't be a walk in the park in any case, but it will largely depend on how well you can make your case that you absolutely have to return to India, or how big the present is you hand to the Consular Officer at that time.

Ah, India . . . lived in Madras for 6 months back in 1985 . . . an experience I wouldn't want to miss for the world.

[wahound 0]

hahah ! did you really mean present present ?!

I remember when my dad was in the Visa section at the consulate for the indian embassy in nigeria, he would almost always get flooded with gifts from prospective tourists !

works the same in every embassy i now presume.

[JimVaPhuong 4,863]

hahah ! did you really mean present present ?!

I remember when my dad was in the Visa section at the consulate for the indian embassy in nigeria, he would almost always get flooded with gifts from prospective tourists !

works the same in every embassy i now presume.

Bob was joking. For Pete's sake, do NOT try this at a US embassy or consulate!