Withdrawing I-485, moving back to Canada

[jdavis3333]

Hey Guys,

I have a rather unique situation which I'd like to get some advice on. My situation:

I began applying for a GC through my H1 visa in the EB2 category about the middle of last year. My PERM got approved a few months ago, and my lawyers have just submitted my i-140 and i-485. They say they should be through in 3-4 months. Sounds good so far, but...

When I submitted the i-485 I didn't realize what this form was about, my lawyer didn't explain. A month ago I learned some personal (family) information that will necessitate me moving back home to Canada for a few years (at least 2) at the beginning of next year. Now I realize I'm in this predicament with my i-485 that I'll be receiving a green card I can't end up keeping.

My question is about what to do. Should I go through with the process and then surrender the greencard almost immedately, or should I withdraw my i-485 petition. The things I have in mind that are really kicking me are that in the future I'd like to be able to work temporarily in the US on a TN and attend business school on an F1 (in at least 2 years from now). So:

1) Will having filed an i-485 that I withdraw make me basically ineligible for a TN or F1 Visa in a few years? (Did I already shoot myself in the foot)
2) Would it be better/worse for me to withdraw or should I just take the Greencard and try to hold on to it for as long as I can? In this case, would it be worse for a TN visa to have had a green card and surrendered it, or withdrawn a i-485?
3) Would withdrawing my I-485 make it really hard to get a greencard in the future if I want one down the line?

[sunny1000]

Originally Posted by jdavis3333

Hey Guys,

I have a rather unique situation which I'd like to get some advice on. My situation:

I began applying for a GC through my H1 visa in the EB2 category about the middle of last year. My PERM got approved a few months ago, and my lawyers have just submitted my i-140 and i-485. They say they should be through in 3-4 months. Sounds good so far, but...

When I submitted the i-485 I didn't realize what this form was about, my lawyer didn't explain. A month ago I learned some personal (family) information that will necessitate me moving back home to Canada for a few years (at least 2) at the beginning of next year. Now I realize I'm in this predicament with my i-485 that I'll be receiving a green card I can't end up keeping.

My question is about what to do. Should I go through with the process and then surrender the greencard almost immedately, or should I withdraw my i-485 petition. The things I have in mind that are really kicking me are that in the future I'd like to be able to work temporarily in the US on a TN and attend business school on an F1 (in at least 2 years from now). So:

1) Will having filed an i-485 that I withdraw make me basically ineligible for a TN or F1 Visa in a few years? (Did I already shoot myself in the foot)
2) Would it be better/worse for me to withdraw or should I just take the Greencard and try to hold on to it for as long as I can? In this case, would it be worse for a TN visa to have had a green card and surrendered it, or withdrawn a i-485?
3) Would withdrawing my I-485 make it really hard to get a greencard in the future if I want one down the line?

Here I what I would suggest:

Switch to Consular processing (meaning your green card process will be continued at a consulate (Montreal, in all possibility) rather than at USCIS. This will buy you time (atleast a year) to see what you want to do with your green card. Search on google to find out the process and talk to a lawyer.

[sra123]

Assuming you are in the US when you get your green card, there is an other option. Apply for Advance Parole (I-131) where in you can request extended stay out side of US for genuine reasons. I know of people who took advantage of it and stayed out of US for 2+ years without losing the green card. Please talk to an immigration attorney for more details.