How to Restart a Cancelled US Green Card Application?

Question from karna, How to Restart a Cancelled US Green Card Application?

Answer from AI:

If your US green card application was approved but later cancelled due to a printing mistake on your passport, you may be wondering about the possibility of restarting the application process and the steps you should take. Here’s a general guide on how to proceed:

Understanding “Cancelled Without Prejudice”

First, it’s important to understand what “cancelled without prejudice” means. This term indicates that the cancellation of your visa or application was not due to any fault of your own or due to any disqualifying factor. It simply means that there was an error that led to the cancellation, and it should not negatively affect your future applications.

Steps to Restart Your Green Card Application

1. Review the Cancellation Notice: Carefully read the notice you received when your visa was cancelled. It may contain specific instructions or information about reapplying.
2. Correct the Mistake: Ensure that the printing mistake on your passport has been corrected. You may need to apply for a new passport or have the error officially amended.
3. Consult with an Immigration Attorney: Given that your case involves a previous cancellation, it’s advisable to consult with an immigration attorney who can provide personalized advice based on the specifics of your situation.
4. Gather Documentation: Collect all necessary documents, including the corrected passport, previous application materials, and any correspondence related to the cancellation.
5. Reapply: Depending on the category of your original green card application, you may need to file a new petition or application. For example, if you were sponsored by an employer or a family member, they may need to file a new petition on your behalf.
6. Pay Required Fees: Be prepared to pay any applicable fees associated with the new application.
7. Attend Interviews and Biometrics Appointments: As part of the application process, you will likely need to attend an interview and have your biometrics taken.

Factors That May Affect Your Application

• Changes in Immigration Law: Immigration laws and policies can change over time. What was applicable in 2012 may not be the same in 2024. An attorney can help you understand current laws and how they apply to your case.
• Quotas and Wait Times: Some green card categories have annual quotas and associated wait times. Your attorney can advise you on the current situation and expected timelines.
• Your Personal Circumstances: Any changes in your personal circumstances since your last application (such as marriage, employment, or criminal history) could affect your eligibility.

Legal Advice and Resources

While this information provides a general overview, immigration cases can be complex and highly individualized. It is strongly recommended that you seek legal advice from a qualified immigration attorney to assess your specific circumstances and guide you through the process. Additionally, you can find helpful information and resources on the U.S. Citizenship and Immigration Services (USCIS) website, which is the primary source for immigration procedures and forms.

Remember, each immigration case is unique, and the success of your application will depend on a variety of factors. Consulting with a legal professional will help ensure that you take the correct steps to maximize the possibility of a successful green card application.