Immigration Corner | I want to cancel my green card application

Dear Mrs Walker-Huntington:

I, my wife, and my child are Jamaicans, but my wife, who is a green card holder, submitted an application for me and our son to get our green card two and a half years ago. Our son has got his green card, but because I was studying in Jamaica, I had not yet gone to the United States (US) Embassy.

My wife is thinking of returning to Jamaica. Are we able to cancel or retract my green card application, or does it expire after a certain duration? Is it best for her to surrender her green card if she returns for an extended amount of time?

Regards, K.C.

Dear K.C.:

An application for United States permanent residency does not linger indefinitely. There are timeframes within which the petitioner and beneficiary must act. Usually, you are notified before the termination of an existing application – sometimes more than once – that the petition is in danger of termination. If, as in your case, your file was actually scheduled for an interview and you did not attend, that case is in the most danger of termination. At this stage, a petitioner or beneficiary can contact the US Embassy to enquire if the file is still active or has been terminated. If the case was at the National Visa Center, contact them for the status.

If your wife wants to return to Jamaica for an extended period, she should think long and hard about whether to surrender her green card and terminate her US residency. Depending on who filed a petition for her to become a US resident, any subsequent green card application may take years to fruition. As a permanent resident, your wife and son are required to live in the United States. If they are unable to reside there and must be out of the US for an extended period, the US Government allows for them to file a request for a Re-Entry Permit (REP). If granted, a REP can allow a green card holder to remain outside of the United States for up to two years. The REP can also be renewed if at the end of the REP period, the green card holder is not yet ready to migrate.

The surrender of the green card is always an option, but be reminded that even after relinquishing the card and applying for a non-immigrant visa, the granting of the visa is not guaranteed. In your situation, if you are the holder of a visitor’s visa that expires and your appointment is pending, your visa may not be renewed as the presumption of migration is higher than normal.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and special magistrate in Broward County, Florida. info@walkerhuntington.com.