Abandon or Continue Petition

[mrs.B. 0]

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.

[Harpa Timsah 13,258]

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.

[Kastrs 723]

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

[NigeriaorBust 4,087]

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.

[Harpa Timsah 13,258]

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

[mrs.B. 0]

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

[Unlockable 7,306]

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

[Boiler 43,397]

Best bet would be to formally surrender his GC.

[JFH 12,189]

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 September 22, 2016 by JFH