I 485 withdrawal process

[Nicola0508]

Could someone please advise me if I will be able to refile for my husband once he withdraws his case and departs back to his country. He has to depart due to family emergency and cannot wait for his approval.

Please let me know.

Thanks,

Nicola

[sparrowxxx419]

Why can't he just wait until being approved?

Once he leaves the country..it is considered he intentionally abandons his application.

[azblk]

Could someone please advise me if I will be able to refile for my husband once he withdraws his case and departs back to his country. He has to depart due to family emergency and cannot wait for his approval.

Please let me know.

Thanks,

Nicola

Have you looked into emergency advance parole? He can do a walk in at local immigration service center. If he leaves without AP he abandons AOS and will have to continue using consular processing which takes a long time. Also if he has unlawful presence issues he wont be able to return for 3 or 10 years depending on how long he was unlawfully present.