Legal Question in Immigration Law in California

will green card be revoked

Hi;

I desperately need your advice.

I started my green card application in my previous company, but I got laid off before I got the I-140 filed 180 days and they withdrawed the I-140 and I-485 application. I-140 was withdrawed within 180 days and I-485 was after 180 days.

But weeks ago, I got an I-485 approve notice and the INS case on line status also shows I-140 got approved on the same day. I got the passport stamped in San Jose INS and the physical card arrived two weeks later.

The bad thing is that my previous employer send another letter to indicate that they have already withdraw the I-140 and I-485 after they got the approval notice because they have given the I-140 to another guy.

Do you think INS will revoke my green card when they got this letter and found out that the grant is a mistake? Is there anything we can do about this ? Can I travel using this green card? BTW, I got a job in the same catergory as the I-140 filed.


Asked on 12/08/04, 3:28 pm

2 Answers from Attorneys
Baoqin Wang Law Office of Baoqin Wang

Re: will green card be revoked

First, employer can only withdraw I-140, not I-485 since you are the applicant of the I-485.

Your greencard may be revoked. But you can try using your new employer to continue sponsor your permanent resident application if the revocation happens. This would be a tough fight, though.

Before your greencard is revoked, you can travel. However, if your greencard is revoked, then you have the risk of being stuck outside of US.

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Answered on 12/08/04, 3:39 pm
Jacob Sapochnick

Re: will green card be revoked

Hi,

This is an interesting situation and it seems to me that the employer didn't effectively withdraw any of the forms, otherwise the case would not have been approved. Nevertheless, the employer may write to the immigration and explain that they in fact attempted to whidraw and the effective date of whidrawal.

I guess, you will need to deal with the situation as it happenes. Feel free to get in touch if you need further assistance.

[email protected]

Jacob

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Answered on 12/08/04, 3:53 pm


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