Tourist visa valid after green card application?

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I am wondering if someone's tourist visa is still valid after they have applied for a green card. This person received a 10 year tourist visa 8 years ago. Since then this person has applied for a green card, and ended up returning it because they did not want to be a US citizen. So now, they want to visit the US, but is there tourist visa still valid? I thought the lawyer that did the immigration said all visas are cancelled once AOS is put in to place. Does anyone know?

[Penguin_ie 5,996]

**** Moving from AOS from Tourist Visa to Tourist Visa forum *****

 

When you had a greencard, you had no need for visas anymore so yes, it was cancelled.  You can apply for another on and have a very good chance of getting it, since you clearly showed no immigrant intent by handing your greencard back.

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18 minutes ago, Penguin_ie said:

**** Moving from AOS from Tourist Visa to Tourist Visa forum *****

 

When you had a greencard, you had no need for visas anymore so yes, it was cancelled.  You can apply for another on and have a very good chance of getting it, since you clearly showed no immigrant intent by handing your greencard back.

Thank you for this information! Funny enough getting another visa I think is going to be quite difficult. Everything I have read has been examples of the person that returned the green card did not getting another visa because of intent to immigrate. However, I would think the way you would.

Thanks again

[Boiler 45,940]

Was the visa cancelled without prejudice?

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26 minutes ago, Boiler said:

Was the visa cancelled without prejudice?

That's the thing, there is no stamp that says cancelled on the tourist visa. But having said that the passport has never been in immigrations hands to stamp it. So what does that mean if it doesn't have a cancelled stamp on it?

[Boiler 45,940]

How did they get a GC without the passport?

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1 minute ago, Boiler said:

How did they get a GC without the passport?

Are you meaning how was the GC collected? It was mailed to our house.

 

[Boiler 45,940]

You entered the US somehow, you applied for a GC all requires using a passport.

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1 minute ago, Boiler said:

You entered the US somehow, you applied for a GC all requires using a passport.

Yes they entered on an H2B visa. Applied for GC based on family member. Went thru the process with lawyer, work permit, biometrics, interview, etc. Then ended up not wanting to live there anymore before the GC was actually approved. Left the US and GC arrived at the house about 1 month later. Then it was turned in.

The tourist visa was in an older passport and no one ever took that passport and stamped the visa cancelled. But I still assumed it was cancelled maybe on the system?

[Boiler 45,940]

So they completed the I 407?

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9 minutes ago, Boiler said:

So they completed the I 407?

I do not know the names of all the forms that were filled in since this was done back in 2012. But everything was filled in that needed to be. And the GC was approved and issued.

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2 hours ago, Boiler said:

So they completed the I 407?

So if that form was not completed the tourist visa could still be valid?

[f f 725]

if he never formally gave up his greencard it would after 5 years been seen as abandoned and most likely revoked.

 

you said it was am older passport, has the as sport expired or why did he get a newer one?

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Just now, f f said:

if he never formally gave up his greencard it would after 5 years been seen as abandoned and most likely revoked.

 

you said it was am older passport, has the as sport expired or why did he get a newer one?

He did formally give up green card, signed the form and turned it in. But the tourist visa was given 8 years ago and in an older passport. Yes that passport has expired but the tourist visa is valid until 2019 (I think?). Unless it was cancelled with the filing for his green card?

[Boiler 45,940]

Difficult to make sensible comments on third party situations where the details are not know.