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lyane

Dad wants to visit with Green Cart after 3 years outside U.S.

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Posted (edited)

So my dad got a green card about 3 years ago. He never intended to live here but we were forced to apply for the green card because they keep rejecting his visitor visa application. After the green card, he came over and stayed for 1 month and left.

Now he is visiting my sister in Canada and I learned about that a bit late for him to get an appointment in home country so he could apply for US visa. I have a few questions:

- Would it be difficult for him to get a visitor visa if he were to get an appointment?

- Can he apply for the visa in Canada?

- What if he just take his green card and try to cross the border by car (with my Canadian sister)? sometimes at the Canadian border they don't ask a lot of question. Will they know in their system that he was gone so long? if yes what will happen?

 

TIA

Edited by lyane

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Posted (edited)
6 minutes ago, lyane said:

So my dad got a green card about 3 years ago. He never intended to live here but we were forced to apply for the green card because they keep rejecting his visitor visa application. After the green card, he came over and stayed for 1 month and left.

Now he is visiting my sister in Canada and I learned about that a bit late for him to get an appointment in home country so he could apply for US visa. I have a few questions:

- Would it be difficult for him to get a visitor visa if he were to get an appointment?

- Can he apply for the visa in Canada?

- What if he just take his green card and try to cross the border by car (with my Canadian sister)? sometimes at the Canadian border they don't ask a lot of question. Will they know in their system that he was gone so long? if yes what will happen?

1) Thats up to the consular officer to decide. The fact that he had an green card issued to him is not gonna work in his favor. Especially if he tells them he got it in order to circumvent not being granted a tourist visa

2) Is he a resident of Canada? If not he should apply where he is a resident

3) They are going to know that he was gone so long and as he doesn't have a reentry permit they would most likely deny him.

 

Why was he rejected for the visitor visa so many times? Have his circumstances changed since the last denials because if not then there is a more than likely chance he will get denied. They are going to question him why he got a greencard and then left after a month. I would think acquiring a green card for the purpose of visiting would be in a gray potentially fraud-ish area. I think his chances of visiting the US again may be slim

Edited by designguy

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They rejected his visitor visa twice because they thought he wanted to immigrate (which he didn't at the time). We thought he could live here but he didn't like it here. So it is no fraud because he wanted to try to live here since that was the only option he had but it didn't work out. I would think that now that they know he doesn't like it here they will grant him the visitor visa now.

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With a Green Card he can not obtain a visitor visa.

 

What has he done to maintain his permanent residency?


“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.”

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Posted (edited)
2 minutes ago, lyane said:

As I am saying he wants to give back his GC and get a visitor visa when needed. Because he obviously don't want to live here.

Yeah i dont think its quite that easy. He will face more scrutiny that usual. Where is he from? Why can't he go home and apply for a tourist visa?

Edited by designguy

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Surrender the GC I 407

 

Apply for a B2.


“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.”

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Note, the I407 process has changed a bit.

 

 


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Not sure if it’s applicable but maybe worth double checking. Did you father file US tax returns? As a greencard holder I believe he may berequired to file regardless of the length of time he spent in the US. May want to double check he is in good standing there 

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Not going to be a quick process.


“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.”

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