Dad wants to visit with Green Cart after 3 years outside U.S.

[lyane 0]

So my dad got a green card about 3 years ago. He never intended to live here but we were forced to apply for the green card because they keep rejecting his visitor visa application. After the green card, he came over and stayed for 1 month and left.

Now he is visiting my sister in Canada and I learned about that a bit late for him to get an appointment in home country so he could apply for US visa. I have a few questions:

- Would it be difficult for him to get a visitor visa if he were to get an appointment?

- Can he apply for the visa in Canada?

- What if he just take his green card and try to cross the border by car (with my Canadian sister)? sometimes at the Canadian border they don't ask a lot of question. Will they know in their system that he was gone so long? if yes what will happen?

 

TIA

Edited August 26, 2019 by lyane

[designguy 1,179]

6 minutes ago, lyane said:

So my dad got a green card about 3 years ago. He never intended to live here but we were forced to apply for the green card because they keep rejecting his visitor visa application. After the green card, he came over and stayed for 1 month and left.

Now he is visiting my sister in Canada and I learned about that a bit late for him to get an appointment in home country so he could apply for US visa. I have a few questions:

- Would it be difficult for him to get a visitor visa if he were to get an appointment?

- Can he apply for the visa in Canada?

- What if he just take his green card and try to cross the border by car (with my Canadian sister)? sometimes at the Canadian border they don't ask a lot of question. Will they know in their system that he was gone so long? if yes what will happen?

1) Thats up to the consular officer to decide. The fact that he had an green card issued to him is not gonna work in his favor. Especially if he tells them he got it in order to circumvent not being granted a tourist visa

2) Is he a resident of Canada? If not he should apply where he is a resident

3) They are going to know that he was gone so long and as he doesn't have a reentry permit they would most likely deny him.

 

Why was he rejected for the visitor visa so many times? Have his circumstances changed since the last denials because if not then there is a more than likely chance he will get denied. They are going to question him why he got a greencard and then left after a month. I would think acquiring a green card for the purpose of visiting would be in a gray potentially fraud-ish area. I think his chances of visiting the US again may be slim

Edited August 26, 2019 by designguy

[lyane 0]

They rejected his visitor visa twice because they thought he wanted to immigrate (which he didn't at the time). We thought he could live here but he didn't like it here. So it is no fraud because he wanted to try to live here since that was the only option he had but it didn't work out. I would think that now that they know he doesn't like it here they will grant him the visitor visa now.

[Boiler 46,031]

With a Green Card he can not obtain a visitor visa.

 

What has he done to maintain his permanent residency?

[lyane 0]

As I am saying he wants to give back his GC and get a visitor visa when needed. Because he obviously don't want to live here.

[designguy 1,179]

2 minutes ago, lyane said:

As I am saying he wants to give back his GC and get a visitor visa when needed. Because he obviously don't want to live here.

Yeah i dont think its quite that easy. He will face more scrutiny that usual. Where is he from? Why can't he go home and apply for a tourist visa?

Edited August 26, 2019 by designguy

[Boiler 46,031]

Surrender the GC I 407

 

Apply for a B2.

[Dashinka 24,767]

Note, the I407 process has changed a bit.

 

 

[designguy 1,179]

Not sure if it’s applicable but maybe worth double checking. Did you father file US tax returns? As a greencard holder I believe he may berequired to file regardless of the length of time he spent in the US. May want to double check he is in good standing there 

[Boiler 46,031]

Not going to be a quick process.