Adjustment of Status on Visitor Visa after surrendering GC

[vips0901 0]

Hi,

My Parents (age late 80's) came to the USA on an immigrant Visa 7 years ago. They couldn't adjust to the life here, and went back a year later and have not returned for 6 years. I am assuming that although their Green Card isn't expired, their status is no longer valid.

My mother passed away recently back home, and now I want to bring my Father here so I can take care of him. Since he doesn't have anyone to look after him, or help him through Consular processing in India, I am thinking of surrendering his Green Card for a Visitor Visa and then applying for Adjustment of Status here.

Is this a valid option? What are the chances of the Adjustment of Status going through (since he would have turned in his GC)?

[hmh33 117]

That plan is illegal and unlikely to work. He'd be very unlikely to get that visitor visa.

I think you should contact a competent immigration attorney experienced in the field of abandonment. Specifically, ask if they have tried a case involving abandonment.

[vips0901 0]

Why do you say that it is illegal when the process allows you to adjust status while on a Tourist Visa? I think getting the visitor visa might not be as difficult as you say, I am more concerned about the AOS.

[ValerieA 350]

It is illegal to enter the US on a tourist visa while intending to adjust status. If your father was already here on a tourist visa, then you'd be OK. As it is, we are not allowed by the TOS of this site to give you advice on that.

Unfortunately, I don't know what other options you have open to you. I wish I could be more help.

[Hypnos 6,576]

As stated, entering the US on a nonimmigrant visa with the preconceived intent to remain would constitute visa fraud. That path is illegal.

You are correct in that, whilst your father's green card may not have expired, he has abandoned his residency by being outside the US for such a prolonged period of time.

He should file an I-407 (application to abandon permanent resident status) directly with the US post having jurisdiction over his place of residence, and if he then applies for a B-2 visa would need to show substantial ties to his home country in order for it to be approved. It will likely be an uphill battle.

Alternatively, you could file an I-130 to re-petition him for another immigrant visa if you want him to come back to the US. The entire process would likely take ~8 - 10 months to complete.

Edited July 24, 2013 by Hypnos