cancel immigrant visa

I want to ask from u guyz to those who encountered the same problem as I. My lawyer sent a letter to USCIS stating to cancel or withdraw my petition which I-140 last June 10, 2009. But up to now, he never received anything from them. He sent again last July 27 but same thing happened. Now, my question is, how long are we going to receive a reply from them? Is it usual that it takes time? Please give me some advice thanks My visa is located at Texas Service Center

Can I ask why you wished this petition to be withdrawn, and how the inaction of USCIS affects you? It should not be preventing you from being the beneficiary of any other petition. I-140 is not a request immigrant visa, it is an immigrant petition, big difference.


Since I-140 was filed by your sponsor, was the lawyer acting on behalf of them? Otherwise, he has no standing to request its cancelation.

I think my lawyer is standing on behalf of my petitioner because everything was done by him. I want to withdraw the application because I want to proceed for TN visa. I understand that the petitioner must do it. All I want to know is how long is the usual process of this type of case thanks

-- Tue Sep 08, 2009 9:32 am --

In addition, there is no other restrictions that could affect me by cancelling my petition, It is just I want to change my visa thats all..thanks

You can obviously still get a TN with an outstanding I-140 -- this has already been made clear countless timexs -- so don't waste time waiting for it to be cancelled.

I am confused about this because my I-140 approved as well as my I-824 So, that means my application is on process. If I will go directly to the border, I doubt they might still see my application on file. I-140 is for immigrant intent unless maybe my application is out of the file. TN is for non-immigrant intent and both shouldn't be applied at the same time.. I spoke to my lawyer about this but there is no advice from him to proceed.I guess they knows best..thanks a lot

Having an I-824 is actually even safer for the purposes of TN entry. Having applied for consualr processing is a GUARANTEE that, on each entry up until then, you are no threat of immigrating, since your consular processing will absolutely require you to leave the country in order to immigrate. So it is impossible -- on each entry -- to have immigrant intent.

Most lawyers, since they do not regularly petition for TN, don't know much about it.

So the best advice you could give is to proceed on TN visa not waiting for this cancellation? Is that what you mean? Thanks a lot

Yes.

I received some information that if I have to withdraw my immigrant petition, it would complicate my case especially going through a TN visa. I don't know what's the truth in the immigration laws. It is just confusing but is it possible? Thanks

If it is a failed I-485, yes. If it merely an I-140, this is not sufficient grounds for future TN denial. Your lawyer is jerking you around. Find one who is a little more TN-savvy.