Can I apply for a tourist visa after my greencard interview

[JohnK90 0]

I live in Lebanon. I am applying for a US immigrant visa based on a petition my US-citizen brother had applied on my behalf.

I did the interview in May 2019 and the last update on my case was in October 2019 as per CEAC website. They asked for additional proof relating to my brother but that I cannot provide at the moment...
I have 2 questions:
1. Can I cancel my immigrant visa as I changed my plans and do not want to move to the US? Will it affect future nonimmigrant visa applications as I still want to visit my brother?
2. Can I apply for a nonimmigrant visa while this immigrant visa is still processing as I need to be in USA in summer for a VERY important event and my immigration case might not be closed (neither accepted nor fully refused) by then?

[arken 4,197]

You can apply for for sure but will be wasting $160. Approval is unlikely.

[NancyNguyen 1,658]

Once you have an immigrant visa pending (immigrant intent), you can forget about a visit visa. You can try to apply, it won't hurt to try.

Edited March 5, 2020 by NancyNguyen

[SusieQQQ 11,587]

20 minutes ago, JohnK90 said:

I live in Lebanon. I am applying for a US immigrant visa based on a petition my US-citizen brother had applied on my behalf.

I did the interview in May 2019 and the last update on my case was in October 2019 as per CEAC website. They asked for additional proof relating to my brother but that I cannot provide at the moment...
I have 2 questions:
1. Can I cancel my immigrant visa as I changed my plans and do not want to move to the US? Will it affect future nonimmigrant visa applications as I still want to visit my brother?
2. Can I apply for a nonimmigrant visa while this immigrant visa is still processing as I need to be in USA in summer for a VERY important event and my immigration case might not be closed (neither accepted nor fully refused) by then?

1a) Yes, you can withdraw your application for an immigrant visa if you no longer want to move.

 

1b) It may or may not affect future tourist visa applications. Those will be judged by the normal criteria, as well as the assessment of your immigrant intent in light of you having pursued a green card application. Normally withdrawing an application (or handing back a green card) would be seen as a positive to show you no longer have immigrant intent., however, from what you have said above it will probably look to them like you are withdrawing the application as you cannot prove your case (a case that should be easily dealt with via a DNA test?) which will likely raise suspicion. So i would conclude that your chances of a tourist visa are not good.

 

2.)  You can apply but almost certainly will be refused with a post-interview application in progress, awaiting evidence.

 

 

Edited March 5, 2020 by SusieQQQ

[JohnK90 0]

9 minutes ago, SusieQQQ said:

1a) Yes, you can withdraw your application for an immigrant visa if you no longer want to move.

 

1b) It may or may not affect future tourist visa applications. Those will be judged by the normal criteria, as well as the assessment of your immigrant intent in light of you having pursued a green card application. Normally withdrawing an application (or handing back a green card) would be seen as a positive to show you no longer have immigrant intent., however, from what you have said above it will probably look to them like you are withdrawing the application as you cannot prove your case (a case that should be easily dealt with via a DNA test?) which will likely raise suspicion. So i would conclude that your chances of a tourist visa are not good.

 

2.)  You can apply but almost certainly will be refused with a post-interview application in progress, awaiting evidence.

 

 

Thank you for your reply. The proof I cannot provide is not DNA related. It is related to my brother's domicile status in the US as he has recently moved to Lebanon to be with my father here...

They asked for photos and passport stamps and I cannot provide these until my brother is back to the US - which might take time!

Edited March 5, 2020 by JohnK90

[SusieQQQ 11,587]

31 minutes ago, JohnK90 said:

Thank you for your reply. The proof I cannot provide is not DNA related. It is related to my brother's domicile status in the US as he has recently moved to Lebanon to be with my father here...

They asked for photos and passport stamps and I cannot provide these until my brother is back to the US - which might take time!

OK i see, i don't think it changes the outcome much though - you still demonstrated immigrant intent and the fact that you have been waiting, well, coming up for a year since your interview (May 2019?)  to go and then suddenly withdraw to get a tourist visa may still strike them as too risky to issue a visa.  

[JohnK90 0]

1 minute ago, SusieQQQ said:

OK i see, i don't think it changes the outcome much though - you still demonstrated immigrant intent and the fact that you have been waiting, well, coming up for a year since your interview (May 2019?)  to go and then suddenly withdraw to get a tourist visa may still strike them as too risky to issue a visa.  

I agree...

That is why I'm hesitant to withdraw it for the purpose of getting a tourist visa. I will be harming my chance to get either.

Thank you again

[SusieQQQ 11,587]

Well, if you withdraw it your brother will have to start all over again with a new petition, and from this point that’s probably a 15-20 year wait. After you presumably already waited 12-13 years for the existing one. So if you withdraw it you need to be very sure immigrating isn’t in your horizon...

 

[SalishSea 18,122]

9 hours ago, JohnK90 said:

It is related to my brother's domicile status in the US as he has recently moved to Lebanon to be with my father here...

Makes sense this visa would be denied, as the whole purpose of it is for family reunification.  If your brother is now back in Lebanon with you, there is no reason for you to have an immigrant visa for the US.

[JohnK90 0]

3 hours ago, Jorgedig said:

Makes sense this visa would be denied, as the whole purpose of it is for family reunification.  If your brother is now back in Lebanon with you, there is no reason for you to have an immigrant visa for the US.

I agree. Totally makes sense. If I ever want to settle in the US, it will then have to be through a work contract...

Do you think after getting denied (or if I decide to withdraw the application) I may be able to get a tourist visa? I have a conference that I must attend in Washington in August...

[African Zealot 1,456]

The problem I see with your case is one of timing. As others have written, generally voluntarily relinquishing a green card is viewed favorably when applying for a visitors visa subsequently. In your case the timing could appear that you are relinquishing the green card involuntarily, and only because external factors (your brothers relocation) are compelling you to and that your withdrawal of your case is only because of diminished prospects of approval. That would imply you still have latent immigrant intent and that would doom your chances of getting a visitor visa.

 

Some would say no harm in trying since you only stand to lose $160 however considering the chances of approval are low, and a refusal would be a negative on your travel/immigration history, I do not think I share that sentiment.

 

In conclusion, unfortunately in my opinion it is very unlikely you will be approved for a visitors visa unless you perhaps have extensive international travel experience to developed prosperous countries like Canada, Australia, UK, etc which will help buttress your assertion that your immigrant intent was only tied to your brother being in the USA and once he no longer lives there, you have no interest in relocating there permanently.

[SalishSea 18,122]

8 hours ago, JohnK90 said:

Do you think after getting denied (or if I decide to withdraw the application) I may be able to get a tourist visa? I have a conference that I must attend in Washington in August...

It is doubtful, since you have demonstrated immigrant intent.  And with your brother being domiciled abroad (and therefore ineligible to petition you for a family reunification visa), it will be seen as a work-around.

[JohnK90 0]

6 hours ago, Ray.Bonaquist said:

The problem I see with your case is one of timing. As others have written, generally voluntarily relinquishing a green card is viewed favorably when applying for a visitors visa subsequently. In your case the timing could appear that you are relinquishing the green card involuntarily, and only because external factors (your brothers relocation) are compelling you to and that your withdrawal of your case is only because of diminished prospects of approval. That would imply you still have latent immigrant intent and that would doom your chances of getting a visitor visa.

 

Some would say no harm in trying since you only stand to lose $160 however considering the chances of approval are low, and a refusal would be a negative on your travel/immigration history, I do not think I share that sentiment.

 

In conclusion, unfortunately in my opinion it is very unlikely you will be approved for a visitors visa unless you perhaps have extensive international travel experience to developed prosperous countries like Canada, Australia, UK, etc which will help buttress your assertion that your immigrant intent was only tied to your brother being in the USA and once he no longer lives there, you have no interest in relocating there permanently.

Thank you so much for your very helpful reply.

 

I do indeed have a very good travel history. I have 9 schengen visas, have traveled more than 25 times to different countries in Europe. I have a canadian visa and plan to be in Canada before traveling to attend the conference in Washington (that was the plan at least). I have been to the UK 6 times...

 

In all cases, I will just wait. My brother might return soon to the US or the case might be denied / closed on its own then I will just apply for a visitor Visa and show proof that I plan to come back (example: I recently got married and my wife is pregnant, so might be seen as a reason to return to Lebanon and thus, give me the tourist visa).

Thank you again!