previous green card holder wants to visit US

[msmarie0 6]

Hi guys!

 

My sister in law lives in Jamaica. She previously held a US Green Card that she abandoned about 6 years ago. (She had a very young son in Jamaica who's visa was denied so she went back home to raise him) 

Is it possible for her to get a visitors visa? She does not want to come back here to live, just visit family. 

 

 

 

[Dashinka 23,247]

Sure, she can apply for a B2.

 

Good Luck!

[Boiler 43,436]

Has she filed the I 407?

[msmarie0 6]

no she has not filed the i407 ... does she have to do that before attempting to get a visiting visa?

 

[SusieQQQ 11,584]

Why was the kid denied? Custody issues?

 

14 minutes ago, msmarie0 said:

no she has not filed the i407 ... does she have to do that before attempting to get a visiting visa?

 

it would have been better to do this rather than just leave.

[Boiler 43,436]

15 minutes ago, msmarie0 said:

no she has not filed the i407 ... does she have to do that before attempting to get a visiting visa?

 

Yes

[msmarie0 6]

She did not get pregnant until after the process had been started for her and her siblings. She gave birth before they received the approval.

 

[msmarie0 6]

13 minutes ago, Boiler said:

Yes

ok great... thank you!

 

[SusieQQQ 11,584]

13 minutes ago, msmarie0 said:

She did not get pregnant until after the process had been started for her and her siblings. She gave birth before they received the approval.

 

That’s not a reason for denial. What was the basis of the green card petition for her? Parent, if so citizen or LPR, what was her age?

Edited January 14, 2020 by SusieQQQ

[msmarie0 6]

she is the grandchild of an lpr. she was 16 when the process started and about 21 when it was finally finished. They did not have the money for another application so after she came she tried to apply for a visiting visa for her son so he could live with her part time and his father part time- that was denied, so she went home to be with him. 

Thank you for answering my question... I'll let her know she needs to file i407

[carmel34 3,531]

File the I-407 then she can apply for a B visa.  The key to approval will be how strong her ties are to Jamaica, like property ownership, apartment lease, steady job, commitments to family, financial stability, etc.  If her ties to Jamaica are strong her chances for a B are greater.  The fact that she previously had a green card won't make much difference, but the family ties she has in the US will make it more difficult to get a B approval.

[msmarie0 6]

5 minutes ago, carmel34 said:

File the I-407 then she can apply for a B visa.  The key to approval will be how strong her ties are to Jamaica, like property ownership, apartment lease, steady job, commitments to family, financial stability, etc.  If her ties to Jamaica are strong her chances for a B are greater.  The fact that she previously had a green card won't make much difference, but the family ties she has in the US will make it more difficult to get a B approval.

wow ok.. thank you so much for this info!!

[SusieQQQ 11,584]

34 minutes ago, msmarie0 said:

she is the grandchild of an lpr. she was 16 when the process started and about 21 when it was finally finished. They did not have the money for another application so after she came she tried to apply for a visiting visa for her son so he could live with her part time and his father part time- that was denied, so she went home to be with him. 

Thank you for answering my question... I'll let her know she needs to file i407

Ah, that makes a lot more sense why it was denied, they applied for a tourist visa for purpose of living in the US... hopefully they won’t take this as precedent that she wants to do the same again now.

[SmallTownPA 71]

5 hours ago, carmel34 said:

but the family ties she has in the US will make it more difficult to get a B approval.

 

THIS.

 

If you get to the visa interview have documentation ready.  A LOT.