can my father switch from I130 approved back to tourist visa

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kanwarjag

Registered Users (C)
My father's case for PR was (I 130 relative of Citizen) was approved few months back. I also deposited both fees with NVC (Affidavit of support and IV application processing fee). So in other words now he has to send paper work to NVC and wait for interview from consulate.
However now at this stage because of some personnel reasons, He wants not to go ahead with completion of processing and just want to keep his visitor status where whenever he want to come he can get visa and come for 6 months or so. I understand it looks weired, but my question is it possible to discard the processing of PR for him and goes back to fresh visitor visa? If so how should I proceed.
I understand followings:
1. any fees etc will not be refunded for I 130 and processing that followed with NVC.
2. His original visitor visa status on which he has visited is not valid and he may have to get new visa from Consulate.
Any one in same situation or any suggestion how I can close the processing of PR for him at this stage and choose for visitor visa?

Thanks for your help
 
kanwarjag said:
My father's case for PR was (I 130 relative of Citizen) was approved few months back. I also deposited both fees with NVC (Affidavit of support and IV application processing fee). So in other words now he has to send paper work to NVC and wait for interview from consulate.
However now at this stage because of some personnel reasons, He wants not to go ahead with completion of processing and just want to keep his visitor status where whenever he want to come he can get visa and come for 6 months or so. I understand it looks weired, but my question is it possible to discard the processing of PR for him and goes back to fresh visitor visa? If so how should I proceed.
I understand followings:
1. any fees etc will not be refunded for I 130 and processing that followed with NVC.
2. His original visitor visa status on which he has visited is not valid and he may have to get new visa from Consulate.
Any one in same situation or any suggestion how I can close the processing of PR for him at this stage and choose for visitor visa?

Thanks for your help
Click to expand...

Yes. You withdraw the I-130 and ask that it be revoked AND Dad withdraws any visa application forms that he filed.

Include a very simple and clear explanation that "Dad decided that he does not want to immigrate and would rather just visit once in a while." Whatever you do, stay away from anyone who wants to "Handle this process for you for a fee." Do it yourselves and keep it SIMPLE. Before you ask--There is NO form or Fee for this. There is no "example or sample or specific format" that you must follow.
 
kanwarjag said:
2. His original visitor visa status on which he has visited is not valid and he may have to get new visa from Consulate.
Click to expand...
Is his tourist visa expired/overstayed, or are you assuming that it became invalid because of the I-130?

The I-130 doesn't automatically invalidate the tourist visa. Having a pending or approved I-130 may mean that it's 95% sure he will be refused entry at the POE, but until that happens the visa is still valid.

If he didn't overstay the tourist visa and it's still unexpired, he can still keep the visa and shouldn't have a problem when using it. However if they give him a problem he'll have to point out that the I-130 was withdrawn. He should carry whatever evidence he can get of the withdrawal, including a copy of the withdrawal letter.
 
Visitor Visa

Thanks Jackolanthern and BigJoe5 for your very quick reply.
Jackolanthern- He has still valid visitor visa (B1/B2) that was stamped for 15 yrs until 2016 but his passport was expired (2010) so he has to get new passport so I am not sure if he has to again go back to consulate for stamping of new passport. Yes they have stamped passport beyond the expiry date. To the other questions:
He has visited 4 times and has never overstayed.
BigJoe- For withdrawing I-130 Should I write to same service center (same route as I used for applying I-130) where I applied and Dad write to NVC, where processing fees are paid.
 
kanwarjag said:
Jackolanthern- He has still valid visitor visa (B1/B2) that was stamped for 15 yrs
Click to expand...
15 years? They give a max of 10 years for B1/B2 visas.

... until 2016 but his passport was expired (2010) so he has to get new passport so I am not sure if he has to again go back to consulate for stamping of new passport.
Click to expand...
He doesn't need to go back for a new visa before 2016. He just has to travel with both passports when entering the US.
 
vistior visa

Thanks Jackolantern for pointing out. Yes you are right it was stamped for 10 yrs and is valid till 2016.
 
Is it standard procedure in your father's country to give back the old passport after it's processed for renewal? If they don't normally return it, he'll have to make some kind of special request to get it back, letting them know about the visa in the passport.
 
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