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Tourist visa for a family member

By kks in Tourist Visas

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kks Apprentice

kks   0

Posted
Filed: Timeline
Posted

Hi - My sister used to be a green card holder and gave up (forced to) her GC as she was not staying in the country and coming once a year for annual renewal. Anyways, last year, after giving up her GC, she went to apply for a tourist visa and was rejected. It is surprising that her file shows that she has no intention to stay here even when she had legal rights. So, I want to know how can we improve her chance to get tourist visa next time she goes to apply (early next year). We want her to visit us next summer so we can spend some time together. Her nationality is Indian. Anyone with similar experience or advice? Thanks.

Noah Lot Rising Star

Noah Lot   391

Posted
Filed: Timeline
Posted

Hi - My sister used to be a green card holder and gave up (forced to) her GC as she was not staying in the country and coming once a year for annual renewal. Anyways, last year, after giving up her GC, she went to apply for a tourist visa and was rejected. It is surprising that her file shows that she has no intention to stay here even when she had legal rights. So, I want to know how can we improve her chance to get tourist visa next time she goes to apply (early next year). We want her to visit us next summer so we can spend some time together. Her nationality is Indian. Anyone with similar experience or advice? Thanks.

Third parties cannot 'do' anything specific to improve another person's chances at getting a tourist visa. the burden of overcoming the presumption of immigrant intent rests exclusively with the applicant, and no one else.

Dave&Roza Experienced

Dave&Roza   748

Posted
Filed: Lift. Cond. (apr) Country: Kazakhstan
 Timeline
Posted

Hi - My sister used to be a green card holder and gave up (forced to) her GC as she was not staying in the country and coming once a year for annual renewal. Anyways, last year, after giving up her GC, she went to apply for a tourist visa and was rejected. It is surprising that her file shows that she has no intention to stay here even when she had legal rights. So, I want to know how can we improve her chance to get tourist visa next time she goes to apply (early next year). We want her to visit us next summer so we can spend some time together. Her nationality is Indian. Anyone with similar experience or advice? Thanks.

Sorry to say this but your sister blew it. She had a re-entry permit to the US and did not follow the rules to keep it valid. In the minds of USCIS, they will use that against her when she applies for a tourist visa to the US. She will have to show strong ties to Inda that will convience them that she will return to India and not use the tourist visa as a means to come to the US and get a second GC. She needs to travel to other countries to show she can follow the rules and will return to India. IMHO I would not hold my breath on her being able to visit next summer.

Dave

Boiler Grand Master

Boiler   45,994

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Odd.

Getting a GC and then giving it up usually allows a B.

“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.”

jaycali Experienced

jaycali   415

Posted
Filed: Timeline
Posted (edited)

Hi - My sister used to be a green card holder and gave up (forced to) her GC as she was not staying in the country and coming once a year for annual renewal. Anyways, last year, after giving up her GC, she went to apply for a tourist visa and was rejected. It is surprising that her file shows that she has no intention to stay here even when she had legal rights. So, I want to know how can we improve her chance to get tourist visa next time she goes to apply (early next year). We want her to visit us next summer so we can spend some time together. Her nationality is Indian. Anyone with similar experience or advice? Thanks.

Odd.Getting a GC and then giving it up usually allows a B.

IMO, this depends fully on whether she, herself, went to her local US consulate in India and told them she didn't intend to live in the US anymore, and "I hereby abandon my green card." Or, if she came and left, and one time was told by CBP that since she obviously didn't live in the US, her LPR considered abandoned and she was sent back on the next flight.

This matters because in the first scenario, she voluntarily gave up her LPR status, showing she had no intention of staying in the US, whereas the second scenario shows a person who for whatever reason spent most of their time in India, but actively kept trying to "renew" their status for "later use."

Edited by Jay Jay
Boiler Grand Master

Boiler   45,994

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

CBP can not take away a G C.

“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.”

Boiler Grand Master

Boiler   45,994

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

No mention of an IJ.

“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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