I have applied for my mom's greencard in US in May 2018 and I applied for advance parole since she wants to travel to India (as it is going to take a couple of years atleast for the GC to come through). I was also told that she will not be able to stay for more than 3 months in India if she travels on Advanced parole. My question is if she wants to withdraw her GC processing, can she re enter US on her existing tourist visa or does that become visa become void since she applied for GC processing
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1By applying for a green card she demonstrated immigrant intent. This make her visitors visa voidable depending on which immigration officer she meets at the airport.`After you petitions for your mother, she appear to have an immigrant intent; and an immigration inspector at the border can deny her permission to enter the U.S. despite the fact that she has a visa. To avoid being turned around at the border, she will have to convince the inspector that, although she did intend to become a permanent resident of the U.S. one day she has no intention to stay in the U.S. permanently now.– Augustine of HippoOct 3, 2018 at 21:01
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1There is no established procedure or a list of required documents, but you can be quite certain that her word alone will not be enough. The inspector would want to see some documentary proof of her intent to return to her country at the end of her visit - a return ticket, a letter from her employer confirming that she is gainfully employed and expected to come back on a certain date, documents showing that she left in herr country a spouse, children, property, a business, etc. ("demonstrating substantial ties to your own country"). Voidable is not the same as automatically voided.– Augustine of HippoOct 3, 2018 at 21:02
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What she can do is turn her green card in (USCIS Form I-407, Abandonment of Lawful Permanent Resident Status.) when she gets home, and then apply for a visitor visa. The chances are good that she will get it all things being equal. However it is for these issues that one has to think seriously before applying for permanent residence.– Augustine of HippoOct 3, 2018 at 21:08
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2@MusoniusRufus it sounds like she’s applying for a green card and doesn’t have it yet. It’s the worst of all worlds.– RoboKarenOct 3, 2018 at 22:40
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2Your mother is in what we cal immigration purgatory, neither heaven nor hell. We are in very uncertain times for immigrants and prospective immigrants. You need to think it through very thoroughly with your mother, does she really want a green card? For most older immigrant parents America is no heaven and they have no desire to live here permanently as required by the green card. My best friends parents just abandoned theirs and left in June after applying in January. What fun is there for old folks being cooped up in the house while their adult children are gone to work? Think carefully.– Augustine of HippoOct 3, 2018 at 23:32
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1 Answer
Go talk with an immigration lawyer immediately. This is not something you want to do on the advice of random internet strangers.
As Musonius notes in comments, your mother has signaled immigration intent by filing for a green card. This will make it very hard to get a non-immigrant visa or VWP/ESTA as you have to show you have no immigration intent, which you can’t (easily).
Ask a lawyer. Assuming she wants to live in the future in the USA as a permanent resident, the American Immigration Lawyers Assoc has a referral database. Many lawyers will do an initial telephone interview for free and might be able to give advice as to whether this is even a possibility.
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2Before talking to the lawyer, she should decide which country she intends to be her long term primary residence. Lawyers generally give better advice if they understand the client's objectives. Oct 3, 2018 at 22:46