Bringing Parents of USC, then changing to Tourist

[twofromtunja 0]

Here is our situation: My wife's parents applied for a tourist visa a couple of years ago and were denied. She will soon be a U.S. citizen and we are looking at having her parents come for a visit. My question is: Has anyone ever heard of adjusting the status from a Perm. Resident to a tourist visa? My in laws don't want to live here, but it looks like the only way that they can visit is if we apply for them to come as Perm. residents.

We are also considering having them apply again for a tourist visa. The first time they went was a disaster. The embassy worker didn't ask to look at any of their paperwork (2 homes owned, bank records, work history & letters, etc). He asked why they wanted to come, (which was to attend our wedding reception), and he suggested that we just go visit there instead...and denied the tourist visa request.

Anyway, any advice anyone has is greatly appreciated.

[payxibka 10,044]

Here is our situation: My wife's parents applied for a tourist visa a couple of years ago and were denied. She will soon be a U.S. citizen and we are looking at having her parents come for a visit. My question is: Has anyone ever heard of adjusting the status from a Perm. Resident to a tourist visa? My in laws don't want to live here, but it looks like the only way that they can visit is if we apply for them to come as Perm. residents.

We are also considering having them apply again for a tourist visa. The first time they went was a disaster. The embassy worker didn't ask to look at any of their paperwork (2 homes owned, bank records, work history & letters, etc). He asked why they wanted to come, (which was to attend our wedding reception), and he suggested that we just go visit there instead...and denied the tourist visa request.

Anyway, any advice anyone has is greatly appreciated.

if you are a resident you do not need a visa.... it is impractical to do as you say in the way you are thinking

they would need a visa only if the have abandoned there residency (once the were given residency of course)....

Edited August 3, 2009 by payxibka

[twofromtunja 0]

Here is our situation: My wife's parents applied for a tourist visa a couple of years ago and were denied. She will soon be a U.S. citizen and we are looking at having her parents come for a visit. My question is: Has anyone ever heard of adjusting the status from a Perm. Resident to a tourist visa? My in laws don't want to live here, but it looks like the only way that they can visit is if we apply for them to come as Perm. residents.

We are also considering having them apply again for a tourist visa. The first time they went was a disaster. The embassy worker didn't ask to look at any of their paperwork (2 homes owned, bank records, work history & letters, etc). He asked why they wanted to come, (which was to attend our wedding reception), and he suggested that we just go visit there instead...and denied the tourist visa request.

Anyway, any advice anyone has is greatly appreciated.

if you are a resident you do not need a visa.... it is impractical to do as you say in the way you are thinking

they would need a visa only if the have abandoned there residency (once the were given residency of course)....

Thanks for your reply...my point is that once they enter as PR applicants, they have to remain here for an extended period of time, which they don't want to do. However, they would like to have a 5 year tourist visa so that they can come and go over a period of time as they please.

If they enter as PRs and then leave, they will have abandoned their residency petition and we will have to do something all over again if they want to visit again.

[aaron2020 11,651]

Here is our situation: My wife's parents applied for a tourist visa a couple of years ago and were denied. She will soon be a U.S. citizen and we are looking at having her parents come for a visit. My question is: Has anyone ever heard of adjusting the status from a Perm. Resident to a tourist visa? My in laws don't want to live here, but it looks like the only way that they can visit is if we apply for them to come as Perm. residents.

We are also considering having them apply again for a tourist visa. The first time they went was a disaster. The embassy worker didn't ask to look at any of their paperwork (2 homes owned, bank records, work history & letters, etc). He asked why they wanted to come, (which was to attend our wedding reception), and he suggested that we just go visit there instead...and denied the tourist visa request.

Anyway, any advice anyone has is greatly appreciated.

if you are a resident you do not need a visa.... it is impractical to do as you say in the way you are thinking

they would need a visa only if the have abandoned there residency (once the were given residency of course)....

Thanks for your reply...my point is that once they enter as PR applicants, they have to remain here for an extended period of time, which they don't want to do. However, they would like to have a 5 year tourist visa so that they can come and go over a period of time as they please.

If they enter as PRs and then leave, they will have abandoned their residency petition and we will have to do something all over again if they want to visit again.

I have never heard of someone becoming a LPR, then abandoned it for a toursit visa. By definition, a person who wishes to be an LPR is telling USCIS that he/she intends to move to the US. If they leave the US for longer than 6 months, they must file with immigration in order to keep their green card.

If your in-laws enter the US with immigration visa and no intention of moving to the US, I would guess that it could be viewed as immigration fraud which could result in them being banned from the US.

What you are thinking of doing could result in big problems for your in-laws and for any future petitions that your wife may file for her siblings (if applicable).

[twofromtunja 0]

Here is our situation: My wife's parents applied for a tourist visa a couple of years ago and were denied. She will soon be a U.S. citizen and we are looking at having her parents come for a visit. My question is: Has anyone ever heard of adjusting the status from a Perm. Resident to a tourist visa? My in laws don't want to live here, but it looks like the only way that they can visit is if we apply for them to come as Perm. residents.

We are also considering having them apply again for a tourist visa. The first time they went was a disaster. The embassy worker didn't ask to look at any of their paperwork (2 homes owned, bank records, work history & letters, etc). He asked why they wanted to come, (which was to attend our wedding reception), and he suggested that we just go visit there instead...and denied the tourist visa request.

Anyway, any advice anyone has is greatly appreciated.

if you are a resident you do not need a visa.... it is impractical to do as you say in the way you are thinking

they would need a visa only if the have abandoned there residency (once the were given residency of course)....

Thanks for your reply...my point is that once they enter as PR applicants, they have to remain here for an extended period of time, which they don't want to do. However, they would like to have a 5 year tourist visa so that they can come and go over a period of time as they please.

If they enter as PRs and then leave, they will have abandoned their residency petition and we will have to do something all over again if they want to visit again.

I have never heard of someone becoming a LPR, then abandoned it for a toursit visa. By definition, a person who wishes to be an LPR is telling USCIS that he/she intends to move to the US. If they leave the US for longer than 6 months, they must file with immigration in order to keep their green card.

If your in-laws enter the US with immigration visa and no intention of moving to the US, I would guess that it could be viewed as immigration fraud which could result in them being banned from the US.

What you are thinking of doing could result in big problems for your in-laws and for any future petitions that your wife may file for her siblings (if applicable).

I think you're probably right...here's the stupid part, (in my opinion)...if this is the case, USCIS in this case is saying, "it's OK if you want to come and live here, but it's not ok for you to come and visit." Given that the majority of immigration fraud occurs because people WANT to stay and then break whatever laws in order to stay, this seems backwards...I want to tell them - THEY DON'T WANT TO LIVE HERE! Give them the stupid tourist visa and all would be good! Of course, granting them a tourist visa would be too easy from my point of view...sigh.

[payxibka 10,044]

Thanks for your reply...my point is that once they enter as PR applicants, they have to remain here for an extended period of time, which they don't want to do. However, they would like to have a 5 year tourist visa so that they can come and go over a period of time as they please.

If they enter as PRs and then leave, they will have abandoned their residency petition and we will have to do something all over again if they want to visit again.

if they receive there residency they can leave any time they want... there is no extended period of time they must stay before departing... they should however spend more time in the USA than out and that may be where the "rub" is.

If a tourist visa is what the want then that is what they should apply for... however, initially they may need to apply for a single entry visa individually and separately and travel individually and separately... after the first visa the follow ons theoretically easier to get

I think you're probably right...here's the stupid part, (in my opinion)...if this is the case, USCIS in this case is saying, "it's OK if you want to come and live here, but it's not ok for you to come and visit." Given that the majority of immigration fraud occurs because people WANT to stay and then break whatever laws in order to stay, this seems backwards...I want to tell them - THEY DON'T WANT TO LIVE HERE! Give them the stupid tourist visa and all would be good! Of course, granting them a tourist visa would be too easy from my point of view...sigh.

FWIW, the USCIS has absolutely NO say on the issuance of the visa... it is solely the consulate

[twofromtunja 0]

Thanks for your reply...my point is that once they enter as PR applicants, they have to remain here for an extended period of time, which they don't want to do. However, they would like to have a 5 year tourist visa so that they can come and go over a period of time as they please.

If they enter as PRs and then leave, they will have abandoned their residency petition and we will have to do something all over again if they want to visit again.

if they receive there residency they can leave any time they want... there is no extended period of time they must stay before departing... they should however spend more time in the USA than out and that may be where the "rub" is.

If a tourist visa is what the want then that is what they should apply for... however, initially they may need to apply for a single entry visa individually and separately and travel individually and separately... after the first visa the follow ons theoretically easier to get

I think you're probably right...here's the stupid part, (in my opinion)...if this is the case, USCIS in this case is saying, "it's OK if you want to come and live here, but it's not ok for you to come and visit." Given that the majority of immigration fraud occurs because people WANT to stay and then break whatever laws in order to stay, this seems backwards...I want to tell them - THEY DON'T WANT TO LIVE HERE! Give them the stupid tourist visa and all would be good! Of course, granting them a tourist visa would be too easy from my point of view...sigh.

FWIW, the USCIS has absolutely NO say on the issuance of the visa... it is solely the consulate

Ooops...you're right - got rolling there and mixed up consulate and USCIS. thanks for your replies.