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Rajani11
07-08-2013, 03:06 PM
Hi all,

I came to U.S in 2007 on H4. Then my husband applied for G.C. in July 2007 and got EAD and A.P. in sep 2007. My husband expired in 2012 and i was there in U.S. in 2012 for 5.5 months. I have gone to India in feb 2013. My A.P. expires in Sep 2013 and EAD in August 2014. I dont want to return to U.S. in the near future and i want to settle in India.
1)So, do i need to Inform USCIS that i dont want to come to U.S. or i will lose my status automatically once my A.P. expires in sep 2013?
2) Is it any offense while in the status of adjustment of 485 if i dont inform USCIS that i am leaving U.S. and will not return back ?
3)Will i be banned from entering U.S. on any other visas in the future like B1/B2 visa if i dont inform USCIS that i am leaving U.S.?
4) can i continue my bank account in U.S. even after losing my status? because my son receives his social security benefits in that account.

Thanks,
Rajani

katta
07-08-2013, 03:58 PM
Sorry to hear about you loss.

Hope you are well informed about derived beneficiary continuing to pursue GC after the death of primary beneficiary.

USCIS - Basic Eligibility for Section 204(l) Relief for Surviving Relatives (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4e6906ba5151f310VgnVCM100000082ca60aRCR D&vgnextchannel=4c2515d27cf73210VgnVCM100000082ca60a RCRD)

asaxena
07-08-2013, 07:49 PM
Sorry to hear about you loss.

Hope you are well informed about derived beneficiary continuing to pursue GC after the death of primary beneficiary.

USCIS - Basic Eligibility for Section 204(l) Relief for Surviving Relatives (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4e6906ba5151f310VgnVCM100000082ca60aRCR D&vgnextchannel=4c2515d27cf73210VgnVCM100000082ca60a RCRD)

If the primary applicant in employment based i 485 case,does the whole case gets invalidated

Rajani11
07-08-2013, 10:39 PM
Thanks katta for your reply and information regarding 204(i) law. I am aware of it and decided to settle in India even though this law allows me to continue pursuing GC but dont know when it will be granted. And i want family and moral support in this tough situation. So i wanted to move to India. So, please answer all my questions regarding informing USCIS. Anyone please answer my questions.

katta
07-08-2013, 10:59 PM
Thanks katta for your reply and information regarding 204(i) law. I am aware of it and decided to settle in India even though this law allows me to continue pursuing GC but dont know when it will be granted. And i want family and moral support in this tough situation. So i wanted to move to India. So, please answer all my questions regarding informing USCIS. Anyone please answer my questions.

@Rajani11. Recently I lost someone (US Citizen) close to me and I understand your grief. I'm not an expert on 204(I). Here is my 2cents.

I140 and I485 is revoked upon your spouse death so you are out of status. you have to file 204(I) get relief and get back on status. I know you want to move to India but filing 204(I) is good for your future.

If your husband passed away in US take plenty of death certificates in original with you.
Keep a copy of the ticket and passport entry stamp to show that you left US while you are on "status".

katta
07-08-2013, 11:01 PM
If the primary applicant in employment based i 485 case,does the whole case gets invalidated

To answer your question it is revoked upon primary beneficiary death but the survivor beneficiary has to file for relief.

According to USCIS
The petition (I130 , I140 or asylum petition ) must be either filed or approved at the time of primary beneficiary death. Upton death of primary beneficiary death the petition is revoked by USCIS. If Derived surviving beneficiary must file 204(I) for relief and must be living in USA to get the relief.
By filing 204(I) the surviving beneficiary status will be instated, wavier of inadmissibility and eligible for AOS. USCIS informs DHS upon filing 204(I).

The catch is during AOS the surviving beneficiary must file I864(Affadivit of support) and find someone to support.
What I couldn't understand is if priority dates are retrograded like EB2/EB3 India, will the surviving beneficiary get the GC or do they have to wait for their priority date to be current.
If surviving beneficiary has to wait for their priority date then are they allowed to work?

Rajani11
07-09-2013, 12:48 AM
Katta,

My husband passed away in 2012 and i applied for the renewal of my A.P and EAD after the death of my husband while in U.S. in 2012. I mailed the applications along with a written letter to the USCIS explaining the situation and requesting to continue my G.C. process according to the 204(i). I just sent the EAD and A.P. applications and a wriiten request along with the print out of the section 204(i), but did not submit any other forms like 1-864 or 1-864w. I got my new EAD (till 2014) and A.P.(till sep 2013). No other mails from USCIS regarding the 204(i) acceptance or denial. After getting the renewals i stayed for 3 months in U.S. and couldnt stay with my kid and decided to come back to India. So, after the request to USCIS to continue my GC, now is it ok to leave U.S. without informing USCIS that i am leaving U.S.? Will i able to go back to U.S. on any other visa in the future when my son grows and goes for higher studies to U.S. or settles in U.S.?

Thanks,
Rajani

katta
07-09-2013, 01:10 AM
Katta,

My husband passed away in 2012 and i applied for the renewal of my A.P and EAD after the death of my husband while in U.S. in 2012. I mailed the applications along with a written letter to the USCIS explaining the situation and requesting to continue my G.C. process according to the 204(i). I just sent the EAD and A.P. applications and a wriiten request along with the print out of the section 204(i), but did not submit any other forms like 1-864 or 1-864w. I got my new EAD (till 2014) and A.P.(till sep 2013). No other mails from USCIS regarding the 204(i) acceptance or denial. After getting the renewals i stayed for 3 months in U.S. and couldnt stay with my kid and decided to come back to India. So, after the request to USCIS to continue my GC, now is it ok to leave U.S. without informing USCIS that i am leaving U.S.? Will i able to go back to U.S. on any other visa in the future when my son grows and goes for higher studies to U.S. or settles in U.S.?

Thanks,
Rajani

Rajani,

Sorry I can't be of any help to you.
I highly suggest you talk to an immigration attorney(Murty or Kahnnan) and get legal advise. Murthy charges 150$/hr for consultation. Immigration issues can have serious implication.


Thanks
Katta

Rajani11
07-09-2013, 01:55 PM
Thanks katta. Please anyone help me.

h1techSlave
07-09-2013, 02:16 PM
I believe Rajiv Khanna has a form where you can submit questions and he would reply to them.

Community Conference Calls Procedure | Immigration.Com - Law Offices of Rajiv S. Khanna, PC (http://www.immigration.com/community-calls)

Dingdong
07-10-2013, 11:10 AM
Very sorry to hear about your loss. I am not a legal expert and would strongly recommend getting a lawyer's opinion but am happy to share my thoughts. When you are giving up your permanent resident status, you are required to inform the USCIS. One, it makes sure that no one is pressuring you to give up your residency. Two, as a permanent resident, you are required to pay taxes on your worldwide income. Things are not so clear when you have abandoned the process for getting GC. I would be surprised if they it is considered it an offence. There are plenty of folks who got frustrated with the slow approval process and went back to their home country. If you go back to India for good, however, and your GC gets approved, then you should inform them of your plans to give up your residency, especially if you have plans to return for short term stays later. The role of AP is to allow you to travel outside the country during the time that your I-485 application is pending. In my opinion, its expiry should have nothing to do with your going out of status. You may not even apply for AP if your I-485 is pending. Also, based on what I have read, social security has little to do with immigration status. Your son should be eligible for social security irrespective of where he lives. However, the logistics of getting the money might be a bit complicated as US banks might not allow non-US residents to have normal bank accounts. Social security folks may be open to the idea of adding monies to an account that is for non-residents. In fact, they already do it for US citizens living abroad. So, you might want to call or write to the Social Security Administration and also check with your bank.

Hi all,

I came to U.S in 2007 on H4. Then my husband applied for G.C. in July 2007 and got EAD and A.P. in sep 2007. My husband expired in 2012 and i was there in U.S. in 2012 for 5.5 months. I have gone to India in feb 2013. My A.P. expires in Sep 2013 and EAD in August 2014. I dont want to return to U.S. in the near future and i want to settle in India.
1)So, do i need to Inform USCIS that i dont want to come to U.S. or i will lose my status automatically once my A.P. expires in sep 2013?
2) Is it any offense while in the status of adjustment of 485 if i dont inform USCIS that i am leaving U.S. and will not return back ?
3)Will i be banned from entering U.S. on any other visas in the future like B1/B2 visa if i dont inform USCIS that i am leaving U.S.?
4) can i continue my bank account in U.S. even after losing my status? because my son receives his social security benefits in that account.

Thanks,
Rajani