2

My parents are US permanent residents (green card), currently living outside of US with re-entry permit. But they're considering abandoning their green card if it's possible to obtain visitor visa in its place. Do they need to apply for visitor visa separately or is there adjustment that will guarantee them the visa while abandoning the green card?

4
  • 1
    Where are they? Where do they plan to be when they abandon their US permanent residence? When do they anticipate visiting the US after abandoning their permanent residence, and for how long? What is their nationality - - are they eligible for the visa waiver program?
    – phoog
    Nov 10, 2021 at 0:07
  • Generally if you have an immigration status revoked e.g. citizenship, while in the country, you return to your previous immigration status. At least that’s what happens when you have citizenship stripped in immigration court. Answer @phoog questions for accuracy. Nov 10, 2021 at 0:40
  • they are currently in Malaysia, citizen of, hoping to get visa in place of their green card in Malaysia if possible at all. If necessary, they can come back to the US as they're still within the 2 year re-entry permit.
    – Steve
    Nov 10, 2021 at 0:49
  • I don't know the answer to your question. However, the requirements to obtain a visa are significantly different from those to obtain a green card. Thus, it seems very unlikely that status could be adjusted from one to the other. Nov 10, 2021 at 3:38

1 Answer 1

7

I know that persons who have officially abandoned their LPR status (using Form I-407) can participate in the Visa Waiver Program. They should however take a copy of the processed Form I-407 with them so they can show airline staff that they have legally abandoned their LPR status. I assume that they can also apply for all types of visas, but I don't believe there is a way to adjust their LPR status into a visa category.

Granting a visa is however always at the discretion of the embassy staff, and entry into the US with a visa is always at the discretion of the CBP officer. Nothing can guarantee a visa and no visa guarantees entry into the US.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.