To cancel immigrant visa petition

[tom wander]

My sister-in-law sponsored my wife and family for green card. When the visa number became available 10 years back, my wife and children took up green card. I did not as I wanted to continue working outside the US and support my family financially. I did not want to get caught up in paying tax on global income in the US. I was told that the pending petition in my name will get cancelled by lapse of time within 1 year. I got B2 visa and visited the family every year. Children are still studying in the US and my salary outside the US is the only family income.

After my 10-year B2 visa expired, I applied for renewal recently. I was given another 10-year visa , but I was told that there was a pending immigrant visa application in my name and that I should get it cancelled. I am not sure how to go about it (and do not want to travel to visit the family in case my pending immigrant visa application causes a problem when I land there).

Any advice please?

[rayb]

You would have had derivative, rather than direct, visa eligibility, and your State Department case number would be the same as your wife's number. Find your State Department number and send a letter or email to the NVC, asking to be removed from the petition.

--Ray B

My sister-in-law sponsored my wife and family for green card. When the visa number became available 10 years back, my wife and children took up green card. I did not as I wanted to continue working outside the US and support my family financially. I did not want to get caught up in paying tax on global income in the US. I was told that the pending petition in my name will get cancelled by lapse of time within 1 year. I got B2 visa and visited the family every year. Children are still studying in the US and my salary outside the US is the only family income.

After my 10-year B2 visa expired, I applied for renewal recently. I was given another 10-year visa , but I was told that there was a pending immigrant visa application in my name and that I should get it cancelled. I am not sure how to go about it (and do not want to travel to visit the family in case my pending immigrant visa application causes a problem when I land there).

Any advice please?

[tom wander]

You would have had derivative, rather than direct, visa eligibility, and your State Department case number would be the same as your wife's number. Find your State Department number and send a letter or email to the NVC, asking to be removed from the petition.

--Ray B

Dear Ray B,

Many thanks for your prompt and helpful reply. Please can you guide me on a couple of related points?

a) In case of cancellation, would there be any adverse consequences in future when one of my children petitions me for immigrant visa? (particularly, would my electing to be removed from an earlier petition work against me being considered for an immigrant visa in future)?

b) If yes, can my sis-in-law pursue processing of the pending application, like providing Affidavit of Support, etc? Is the 10-year old case number still valid?

c) What is the best way to find out the State Dept case number (as this would be required either way)? Since we were told by the embassy that the petition would automatically lapse in one year, we did not preserve records of the case, once the required visas were issued.

Tom

[rayb]

Tom,

1. A voluntary cancellation of an existing open petition slot does not prejudice your future visa options.
2. The primary beneficiary and dependents would continue to be eligible for visa processing even if you as a "derivative" family member opted out.
3. The Department of State case number would have to be tracked by any records from the petitioner or famliy members who were processed as beneficiaries of the original petition. The same case number would have been applied to all eligible family members.

Dear Ray B,

Many thanks for your prompt and helpful reply. Please can you guide me on a couple of related points?

a) In case of cancellation, would there be any adverse consequences in future when one of my children petitions me for immigrant visa? (particularly, would my electing to be removed from an earlier petition work against me being considered for an immigrant visa in future)?

b) If yes, can my sis-in-law pursue processing of the pending application, like providing Affidavit of Support, etc? Is the 10-year old case number still valid?

c) What is the best way to find out the State Dept case number (as this would be required either way)? Since we were told by the embassy that the petition would automatically lapse in one year, we did not preserve records of the case, once the required visas were issued.

Tom

[rayb]

Mark,

In this thread, the original poster has not received a Green Card or even a visa. If a Green Card has been issued, the original petitioner cannot have it cancelled unless he can provide evidence of fraud b the visa applicant.

--Ray B

If the immigrant visa or green card has been issued, it's much harder for a petitioner to withdraw support and ask that the green card be cancelled.