How to Withdraw 485 application filed second time

[gopikrishnayr]

Hi:

I am a july 2nd filer but had issues with my checks since my Bank account got closed due to fraduent activity. So not being sure if my checks would get cleared I applied second time on Aug 17th. Yesterday the bank was successfuly able ot channel my July 2nd checks to my new account and hence I need to withdraw my second application since my first one went through successfully. I had originally filed at NSC, but got transferred to TSC. Can someone help me on the procedure how to withdraw my second application and also not lose money from the checks on the second application.

Thanks in advance.

Gopi

[fatjoe]

Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.

[Lisap]

Originally Posted by fatjoe

Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.

I agree with fatjoe- that is probably the best way. You could always call customer service and see if they have any suggestions? Good luck to you

[WeShallOvercome]

Originally Posted by gopikrishnayr

Hi:

I am a july 2nd filer but had issues with my checks since my Bank account got closed due to fraduent activity. So not being sure if my checks would get cleared I applied second time on Aug 17th. Yesterday the bank was successfuly able ot channel my July 2nd checks to my new account and hence I need to withdraw my second application since my first one went through successfully. I had originally filed at NSC, but got transferred to TSC. Can someone help me on the procedure how to withdraw my second application and also not lose money from the checks on the second application.

Thanks in advance.

Gopi

I would wait for the receipts of my 7/2 applications to come and then stop payment on the second set of checks.

[jsb]

Originally Posted by gopikrishnayr

Hi:
...
Can someone help me on the procedure how to withdraw my second application and also not lose money from the checks on the second application. ...
Gopi

Are you more worried about losing money, or any other negative repercussions? Money? it is not significant in the overall picture.

Did you say in your second application that you were doing so because your checks on original application may be bad?

In any case, USCIS system should not allow to accept an application the second time.

[gopikrishnayr]

Thanks for the advices. I was more worried about any negative issues on my current 485 if I block the payment on my second set of checks. I think USCIS also will be fined if the checks bounce. I called customer support and they told me that the money would not be refundable but you can withdraw your application by writing a letter.

If I do not block my checks my worry is that it might create duplicate cases.

Yes in my second set of application I did mention the reason why I am filing the second time

Hopefully their system will block the entry of my application

[gopikrishnayr]

I just spoke to my attorney and according to him there might be other repurcussions if I block the check. It seems he has heard cases where Federal govt can do proceedings against you for blocking a check and you might end up paying more. Did anyone block their checks sucessfuly and not get into any issues.

[jsb]

Originally Posted by gopikrishnayr

...
If I do not block my checks my worry is that it might create duplicate cases.
Yes in my second set of application I did mention the reason why I am filing the second time

Your attorney is correct. Stop Payment can be a bad spot on you. It is like giving somebody phony money. Receiver think he/she is receiving something, but it proves to be nothing. Everything else, e.g. writing to USCIS for withdrawing your second app etc. or otherwise hoping that they will reject it, is ok

[boom]

Would appreciate if some one can guide me in this situation.

Filed 485 on 11th aug but as fedex packet was not traceable I had to file again on 16th of August.

Now I received the receipts for the one which was filed first time.
How do I stop the 2nd application.What will happen If I do a stop payment on the 2nd one.
Will it affect my GC processing fot the application filed first time.
What is the best option I have without getting into some issue.

[boom]

Let me know if someone successfully cancelled 2nd application.Is stop payment advisable.As USCIS is saying not to do stop payment.

[namm80]

Originally Posted by fatjoe

Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.

This is bad advice. Search other forums (Murthy etc) - i've seen similar threads where some smarta$$es tried stop payment and USCIS sent the unpaid application fee to collection agencies.

I would strongly advise you against doing this--Filing a 2nd I-485 application was a misinformed and stupid decision - consult a lawyer before you make your situation more confusing.