Getting Visit Visa after applied Green Card and Failed

[sophia2014 0]

Hey,

About 2 or 3 years ago, my sister submitted the green card petition for my mom and my step-dad, but it got denied due to my step-dad's health condition. In reality, I don't think they really need it, but every time they were coming to visit us, they had to prepare a lot and went to our capital city to get the visa, that included traveling, hotel, etc. So we decided on applying green cards for them. So far they have been here in America three times, every time they got visa so smoothly we didn't expect they had trouble getting green card. But, it failed.

Now after 2 years, I invited my mom and step dad to come here, they went to get visa in Beijing yesterday, the officer said they can't get visa, because they applied for green card. My mom said she got denied and they have already given up that effort, they will not get it any more, the officer said then you have to let US government know you gave up. What does that mean?

I know if you have a green card, you can choose to give that up, but they got denied two years before, is there anything there for them to drop or give up? One lawyer said "withdraw petition for them", sounds that suppose to be the way, but how do I do it?

We really not planning on getting them green card any more, just trying to fix the situation so they can get visit visa, if we knew this early, we would not have done the first time. They can always go get visa and come to visit.

Can you help?

Thanks.

Sophia

[RhettVoe 282]

The COs will want to be quite sure that they won't attempt to use a B2 to do a COS and possibly circumvent the procedures...

[Bertoli 16]

B2 Visas are issued on the basis that you have no immigrant intent. By applying for a green card your mom and step-dad, even though they got denied, have expressed their intent to immigrate to US. Believe you me, COs that's all they waiting for to deny a Tourist visa, no matter what you tell them! I know it's too late but they should have better remained on visit visas since the beginning.

[apple21 953]

Hey,

About 2 or 3 years ago, my sister submitted the green card petition for my mom and my step-dad, but it got denied due to my step-dad's health condition. In reality, I don't think they really need it, but every time they were coming to visit us, they had to prepare a lot and went to our capital city to get the visa, that included traveling, hotel, etc. So we decided on applying green cards for them. So far they have been here in America three times, every time they got visa so smoothly we didn't expect they had trouble getting green card. But, it failed.

Now after 2 years, I invited my mom and step dad to come here, they went to get visa in Beijing yesterday, the officer said they can't get visa, because they applied for green card. My mom said she got denied and they have already given up that effort, they will not get it any more, the officer said then you have to let US government know you gave up. What does that mean?

I know if you have a green card, you can choose to give that up, but they got denied two years before, is there anything there for them to drop or give up? One lawyer said "withdraw petition for them", sounds that suppose to be the way, but how do I do it?

We really not planning on getting them green card any more, just trying to fix the situation so they can get visit visa, if we knew this early, we would not have done the first time. They can always go get visa and come to visit.

Can you help?

Thanks.

Sophia

During those 3 times they were able to visit the US, how long did they stay for each trip?

Edited June 10, 2014 by apple21

[sophia2014 0]

I know we should not apply the green card, but now it has been done, do you know how to withdraw the petition and clear this situation for next B2 visa? Any help on that, thanks.

[apple21 953]

From OP's PM: First time my mom and my step dad came here together, my step dad left only after 3 months, my mom stayed a little longer, we extended her stay to one year. Second and third time my mom came by herself, stay around 9 month. She has all the documents for extension.

I really don't think that is the problem from the conversation she had with the officer at this time interview, I really want to know what could we do to make this situation go away? How do we withdraw the petition?

Her extensions made an impact, definitely. The consul officer probably thought she has immigrant intent because of her previous lengthy stays that's why she/they were denied B2 visas.

Edited June 11, 2014 by apple21

[sophia2014 0]

I know that might be the case, but the officer specifically said to my mom, "you need to let US Government know you will not apply for green card any more", this is what we need to deal with now, how to withdraw the petition? Then if she gets refused again, we can say might because her extended stay, but now, she has a case still in Guangzhou US Embassy, she has five years to provide more material, we just want to cancel or withdraw that, does anybody here can give me some advice on how to do this? Thanks.

[apple21 953]

You said they were already denied for the IR5 petition. If that's the case, that petition is already "dead". You can't withdraw it, you can't cancel it.

You can only withdraw or cancel if the petition is still in process.