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Giving up Green Card for a B2.

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  • Giving up Green Card for a B2.

    Hi,

    I've previously went into the United States with my mum back in 2012 on an immigrant visa. Due to differences between my mum and I, I had left United States and not continue on with my PR residence.

    It's been 5 years later and I've made plans with my boyfriend to return to United States to pay my mum a visit with her side of the family. My boyfriend and I applied for an ESTA as our trip is temporary and less than 90 days - my boyfriend application was approved, but mine was not authorised. After that, this had lead me into applying for a DS-160 form for a B2 tourist visa and my interview was held on Wednesday 14th of March, but my interview was not successful in obtaining a tourist visa. I wasn't given much details to why or maybe slight hints like "Why wasn't your ESTA not authorised? So research or call up homeland security to find out why" and the other was "did you notify that you've voluntarily abandon your PR status" and at the time I wasn't aware I had to notify someone, so they'd list on their system that I'm no longer a PR there. I can't think of any other reasons because when I previously went I wasn't employed there and mainly just did a lot of site-seeing or visiting family until the day I boarded back to Australia after 6 months and haven't return ever since. The interviewer had also given me a green piece of paper with 221(g) on it but mainly to use the email, however they didn't tick or circle what I need to post/email in since I'm a bit confused. My case isn't completely denied but it's under administration process or something. What advice can you guys give me?


    I've been doing a lot of researched that night after my appointment and if it's due to my previous immigrant visa + GC; I found a form that's called I-407 - Abandonment of Lawful PR Status. If I submit I-407 + GC along with my DS-160 form again - would that might change the status or what steps can I take to help me obtaining a non-immigrant B2 tourist visa? Or should I just hand in my I-407 + GC alone and see what further steps they will ask me to do?

    By the way, is there a possibility keeping the GC + obtaining a non-immigrant visa, or is it easier to give up the GC and apply in the near future? Mind you, right now, my only intention is to travel with my boyfriend to America and come back after 2 twos. He hasn't been there nor met my mum and we've been together for 5 years and I'd love to show him around and to meet my family members, then come back to Australia to our daily lives.


    Thank you all

  • #2
    One cannot hold immigrant as well as non-immigrant visa together. The office was correct saying you first submit your GC formalities & then apply for a non-immigrant visa - this is to avoid potential fraud.

    On the other hand, what is your citizenship status? Can't you reapply for your GC or K1 visa?
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

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