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Withdraw petition based on marriage

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?

INS's denial was based on a withdrawn petition.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


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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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15 lawyers agree


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 -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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1 lawyer agrees


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 Petition cant be withdrawn after it has been approved.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 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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