Legal Question in Immigration Law in California

Can I withdraw I-485 after recieving a notice of ''intent to deny''?

I recieved a letter from immagration office, the ''intent to deny''. My attoney suggest to withdraw this case and apply the I-485 again because they didn't ''remove'' my I-140. Does that work? On my spouse's ''request for evidence'' has the withdraw option, but not on mine. I am confused. Thanks.


Asked on 9/15/08, 2:15 am

3 Answers from Attorneys

Johm Smith tom's

Re: Can I withdraw I-485 after recieving a notice of ''intent to deny''?

Your lawyer's idea may work, but we'd need to know more facts to tell you what we would suggest. If you trust your lawyer, then do what they suggest.

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Answered on 9/16/08, 10:10 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Can I withdraw I-485 after recieving a notice of ''intent to deny''?

The government can request further evidence and then deny. They can also give an intent to deny before denying. Doesn't matter going forward. I think your lawyer's idea might be a good one. I can't know for sure as I don't have the file in front of me to know the details, but if you can avoid a denial and start anew, then all you lose is time and money, unless there is some prohibition to benefits associated with the denial. Then when asked in the future if you've been denied before, you can answer, "no" rather than yes and having to explain.

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Answered on 9/15/08, 10:37 am
Nikki Mehrpoo Jacobson The Jacobson Law Firm, APC

Re: Can I withdraw I-485 after recieving a notice of ''intent to deny''?

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Answered on 9/16/08, 4:06 pm


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