If my husband withdrew his petition from the immigration before my green card be issued, my employment authorisation document wil be still available ?
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If my husband withdrew his petition from the immigration before my green card be issued, my employment authorisation document wil be still available ?
on I came with a J1 visa in USA. I got married. Me and my husband
started living together. We apply for an Conditional Green Card. He was
the petitioner for me. I got my employment document but not the green
card yet, we were about to be scheduled for an the interview, but after
a big argument between us, he just decided to not go further with me
through this process and he sent to immigration a letter that he wants
to withdraw his petition. after couple of days i received the decision
from USCIS that my case was denied. the question is if the case was
denied before the green card be issued, my work permit it’s still
available ? He changed his mind now and he wants to go further with me
through this, what solutions do we have now ?
Asked on April 5, 2016 under Immigration Law, South Carolina
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You will have to start the process from the beginning in terms of filing all the petitions if he is now supportive of the process and wants to continue the sponsorship. The work authorization document is terminated for the time being if the underlying petition on the basis of which the employment authorization document was issued is denied.
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