Green Card for Tourist visa

cadete

New Member
My father had a green card for about 4 years. He has been coming to the US every 6 months for no more than 3 weeks at the time. He does not want to live in the US; but wants to come to visit every 1 or 2 years. Can he get a tourist Visa, and give up his Green Card? He had a Tourist visa before he got his gree card.
 
Cadete,
If your father has spent just 24 weeks in the last 4 years in the US, he has already ceased to be a PR. USCIS hasn't revoked his PR status yet, but in all honesty it will be very very difficult for him to convince (if questioned) USCIS that he is indeed a PR of the US. Yes he can formally give up his GC if he wants to. Depending on his citizenship, a tourist visa after that may be really difficult.
 
I understand his situation is not very good; but not being able to get a turist visa, that burns me (he is from Peru). Is like the US is forcing you to keep a GC.
 
It should be okay

cadete,

Yes your father can surrender his GC. But this must be done at a US consulate abroad preferably in home country. I think getting a tourist visa again should not be difficult since he already had a tourist visa before. I think this works in his favor as his intentions are to spend time in home country and wants to visit US for a few months every year. Ofcourse when asked by the visa officers at the consulate abroad your father should be able explain his situation clearly. Tourist visas are granted to those who can demonstrate strong ties to their home countries. So In your father's his act of relinquishing his greenn card and the fact that he held a tourist visa before ( I assume that he never overstayed illegally or violate any rules during his stay as a tourist ) should be a plus.

( Not a legal advice)


PraetorianXI wrote
a GC is a privilege not a right. if he did not wanted it, why did he apply for one in the first place?

Its like employer asking an employee who resigns his job after a few years as to why he applied for the job when he does not want it now. There is a big difference between then and now.:)
 
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