Green Card to Tourist VIsa

[beback 0]

Hello! I have a question regarding on my father status. I petition my father 3 yrs. ago but he move back home to the Philippines for 2 1/2 yrs. now. He is planning to come to visit my mom, my sisters and grandchildren, so I am helping him what he need to do. My questions are; does he need to surrender his green card to the CO during his interview or we have to fill out a form and what for is that? I hope you can help me with this. Thank you.

[Hypnos 6,576]

He has abandoned his green card.

When the embassy discover this then they will likely ask him to formally surrender it by filing an I-407 before they will consider giving him a tourist visa.

[beback 0]

He has abandoned his green card.

When the embassy discover this then they will likely ask him to formally surrender it by filing an I-407 before they will consider giving him a tourist visa.

Thank you for your reply, how can I file an 1-407? Where can I find that information and form. I tried going to the USCIS website but I couldn't find it. One more question, what if I will file another petition for him I-130 does he need also to surrender the green card? Thank you

[Hypnos 6,576]

It's here: http://photos.state.gov/libraries/164203/dhs/I-407.pdf

Same thing if you file an I-130 for him. At his visa interview they will probably ask him to formally surrender his existing green card before they will give him another visa.

Edited February 4, 2015 by Hypnos

[beback 0]

It's here: http://photos.state.gov/libraries/164203/dhs/I-407.pdf

Same thing if you file an I-130 for him. At his visa interview they will probably ask him to formally surrender his existing green card before they will give him another visa.

So my dad can surrender it at the same time of his interview? So if I file another I-130 and then he surrender his Green card this will not affect my petition as I -130 for him?

[Hypnos 6,576]

He can surrender it whenever he wants. It's just the embassy will probably make him do it before they would consider any kind of visa for him, immigrant or nonimmigrant.

His status is already gone, this would just make it official.

[Greenbaum 12,259]

I have no idea what the reasoning was that he went back to the Phil after gaining his 3 year green card but when he left and stayed that long he basically was abandoning his green card. If he left and took care of "business" and returned in less than 6 months he would still qualify to continue to have his GC. Then at 2.9 months the sponsor would then do an I-751 which when approved he would have a green card for 10 years allowing him longer stays in the Phil and the ability to travel back and forth at will.

[apple21 953]

I have no idea what the reasoning was that he went back to the Phil after gaining his 3 year green card but when he left and stayed that long he basically was abandoning his green card. If he left and took care of "business" and returned in less than 6 months he would still qualify to continue to have his GC. Then at 2.9 months the sponsor would then do an I-751 which when approved he would have a green card for 10 years allowing him longer stays in the Phil and the ability to travel back and forth at will.

A parent automatically gets a 10yr GC.

To maintain LPR status, a GC holder must stay in the US longer than abroad.

Edited February 4, 2015 by apple21

[Greenbaum 12,259]

apple21, on 03 Feb 2015 - 9:10 PM, said:apple21, on 03 Feb 2015 - 9:10 PM, said:

A parent automatically gets a 10yr GC.

To maintain LPR status, a GC holder must stay in the US longer than abroad.

Thanks for the correction apple21.

Edited February 4, 2015 by Greenbaum

[beback 0]

I have no idea what the reasoning was that he went back to the Phil after gaining his 3 year green card but when he left and stayed that long he basically was abandoning his green card. If he left and took care of "business" and returned in less than 6 months he would still qualify to continue to have his GC. Then at 2.9 months the sponsor would then do an I-751 which when approved he would have a green card for 10 years allowing him longer stays in the Phil and the ability to travel back and forth at will.

I wished I knew this before but it's too late. I will let him apply tourist visa if he get denied I will then proceed refiling him an I-130.

[rbrck 1]

meron yun file ng returning resident sis check mo tong website na to http://manila.usembassy.gov/returning-resident.html gusto din namin ayusin un sa papa ko 20yrs sya dito sa US pero 2003 bumalik sya sa pinas ka. ito un na nakita ko sa site