Jump to content
mrs.B.

Abandon or Continue Petition

9 posts in this topic

Recommended Posts

Hello all. I’m asking for a friend. This is a bit complicated, and hiring a lawyer would be the last option. Here’s the case:

My friend was petitioned by his LPR father back in 2009. Three years ago, the petitioner had a mild stroke and decided to go back to the Philippines to recuperate. Unfortunately the father/petitioner’s health worsened, thus he remained in the Philippines up to this day. Just recently, my friend received the NVC welcome letter. Now he is in a bind whether to go on with the visa process—fee payment and all, or abandon it completely, worried that his petition might get denied in the end because his petitioner is outside the US for over 3 years now. It is very unlikely for the petitioner to travel back to the US because of his illness. He has an intention and would definitely return to the US if only his health will allow. He still maintains a US address and a US bank account, but did not file his income tax since he left the US because he had zero income for the past 3 years. Will these be enough to prove his domicile?

What would you VJ’ers suggest that my friend should do? Any recommendation will be much appreciated. Thanks.

Share this post


Link to post
Share on other sites

If the petitioner can't show intent to reestablish domicile, which I don't think this petitioner can, then I doubt it'd be approved at the consulate phase. Family visas exist for family reunification and the son going to the US doesn't unify the family. Good luck.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

Based on the information you provided your friend is not eligible for a visa at this time


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

Share this post


Link to post
Share on other sites

If the father never became a USC he has abandoned his residence and neither will be back in the US. If the father is a USC he would have to return to the US with the intent of staying for the son to receive a visa.


This will not be over quickly. You will not enjoy this.

Share this post


Link to post
Share on other sites

Oh yes, if he was a LPR then the father is probably no longer a LPR since he has been gone so long.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

If the father's permanent resident status is abandoned then all petitions under him are likely voided/abandoned also.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

Share this post


Link to post
Share on other sites

Best bet would be to formally surrender his GC.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

So unfortunate :(. I guess he has no other choice but to abandon his petition. Thank you all for the information.

What's unfortunate about it (aside from the stroke - that's very unfortunate for him)? The petition was for a family reunification visa. If the father is back in the Phillipines the family is reunited. They are together, as they wanted to be.

From what you're saying the son didn't want the visa to be able to go and be close to his dad.

Edited by JFH

 

 

 

 

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×