Not proceeding forward beyond DS-261


jmathews2001

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Hi,

 

Thanks for your time. I'm a US Citizen, sponsoring my brother and his dependents (based in India) towards permanent residency in the US.

 

I filed the USCIS I-130 petition for my brother and his family (both living in India) in Aug 2003 and just recently also paid for and completed the DS-261 application stage of the NVC process. I'm now due to move to the next stage of the AOS and Immigrant packet by paying the filing fees for each member and sending over the required supporting documentation needed for the consular process.

 

Now, due to family circumstances, my brother does not want to proceed forward with the next stage of the NVC processes - consular process and the Permanent Residency process ie he no longer is interested in adjusting status to a US Permanent Resident

 

I have 2 questions:

 

a) Will just stopping the process at this stage and not do anything further cause any kind of issues for my brother? Will this technically be an 'abandonment' or 'denial' of the petition or application?

 

b) Will my brother or his dependents still be able to apply for a US Tourist visa in the near future, should they want to visit the United States? He meets all other criteria for such a visa. My understanding was that he could not apply for other non-immigrant visas as long as there is a Permanent Residency visa application in flight.

 

Could you advise?

 

Regards,

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a) that would be considered an "abandonment" , if the fees are not paid within one year of you getting the notice to do so.

b) he should be able to apply for US tourist visa after the GREEN Card process is abandoned completely. As long as its in process, he will NOT be eligible to apply for a tourist visa.

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