Withdraw petition based on marriage

Asked over 1 year ago - New York, NY

Spouse filed i 130 petition in Feb 1996. I filed I 485 at that time. My green card was approved in Nov 1996. In Oct 1999 INS sent a letter that my application was denied. How long does my spouse have to withdraw her petition?

Additional information

INS's denial was based on a withdrawn petition. Isn't it too late to withdraw? Isn't it too late to deny? What law addresses this?

Attorney answers (3)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . Once your green card gets approved, it is too late for your spouse to withdraw the petition.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. F. J. Capriotti III

    Contributor Level 20


    Lawyer agrees

    Answered . No time limit, if you have the 10 year card, your spouse can never withdraw her petition.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  3. J. Thomas Smith Ph.D.


    Contributor Level 20

    Answered . I agree with my colleagues. Petition cant be withdrawn after it has been approved.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more

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