Amanda

(1) Within how many months after it becomes available, must the
beneficiary (of family-based; a parent) take the immigrant visa at US
Embassy? Is there a time limit?

(2) Hypothetically, if the beneficiary obtain that immigrant visa
(family-based) and enter US but left US and can't maintain the GC
requireemnt of making US as home, can the beneficiary later apply for
GC, based on *the same* approved-family-based petition?

(3) If the answer to question 2, is "yes", i.e the petition could be
used again to apply for GC, can the beneficiary, after abandoning the
GC, instead of applying for GC again with the same approved petiiton,
just get visit visa?

Must the petitioner withdraw the approved petition in order so that
beneficiary can apply for non-immigrant visa such as tourist visa?

How long would it take to get the approved petition withdrawn?


Thanks.

Matrix

"Amanda" <> wrote in message
news:...
    | (1) Within how many months after it becomes available, must the
    | beneficiary (of family-based; a parent) take the immigrant visa at US
    | Embassy? Is there a time limit?

Immigrant visas are normally valid for 6 months. The beneficiary has to
apply for admission into the US within that six months!
    |
    | (2) Hypothetically, if the beneficiary obtain that immigrant visa
    | (family-based) and enter US but left US and can't maintain the GC
    | requireemnt of making US as home, can the beneficiary later apply for
    | GC, based on *the same* approved-family-based petition?

No. A new I-130 petition has to be submitted and approved for a new
immigrant visa to be issued..
    |
    | (3) If the answer to question 2, is "yes", i.e the petition could be
    | used again to apply for GC, can the beneficiary, after abandoning the
    | GC, instead of applying for GC again with the same approved petiiton,
    | just get visit visa?
    |
    | Must the petitioner withdraw the approved petition in order so that
    | beneficiary can apply for non-immigrant visa such as tourist visa?

You can't be petitioned to be an immigrant and a non-immigrant at the same
time. Therefore, you can't have two active petitions for two opposite
classes of immigration status at the same time.


    | How long would it take to get the approved petition withdrawn?
    |
    |
    | Thanks.

Ingo Pakleppa - see web site for email

On Tue, 11 May 2004 11:20:37 -0700, Amanda wrote:

    > (1) Within how many months after it becomes available, must the
    > beneficiary (of family-based; a parent) take the immigrant visa at US
    > Embassy? Is there a time limit?

Kind of. If the consulate cannot reach the beneficiary within one year,
they consider the case abandoned and return it to NVC. Also, don't forget
that priority dates sometimes (all too often!) retrogress, and you may not
be eligible for an immigrant visa any more in the future when you want it.
It's better to go for it while you can.

    > (2) Hypothetically, if the beneficiary obtain that immigrant visa
    > (family-based) and enter US but left US and can't maintain the GC
    > requireemnt of making US as home, can the beneficiary later apply for
    > GC, based on *the same* approved-family-based petition?

I'm not sure, but I don't think so.

    > (3) If the answer to question 2, is "yes", i.e the petition could be
    > used again to apply for GC, can the beneficiary, after abandoning the
    > GC, instead of applying for GC again with the same approved petiiton,
    > just get visit visa?

Yes. If you are eligible for a GC but knowingly instead apply for a
non-immigrant visa, that is usually pretty strong evidence that you
actually don't have immigration intent.

    > Must the petitioner withdraw the approved petition in order so that
    > beneficiary can apply for non-immigrant visa such as tourist visa?

Amanda

Ingo Pakleppa - see web site for email <> wrote in message news:<>...
    > On Tue, 11 May 2004 11:20:37 -0700, Amanda wrote:
    >
<snip>


    >
    > > (3) If the answer to question 2, is "yes", i.e the petition (family-based)
    > could be used again to apply for GC, can the beneficiary (a parent), after
    >> abandoning the GC, instead of applying for GC again with the same
approved
    >> petiiton, just get visit visa?
    >
    > Yes. If you are eligible for a GC but knowingly instead apply for a
    > non-immigrant visa, that is usually pretty strong evidence that you
    > actually don't have immigration intent.


So even with the approved I-130 and the time for GC application has
reached, the parent, instead of taking the immigrant visa, can just
apply for visit visa by informing the consular that she only wants to
visit, right?

I am asking all this so that I can informt he family members there to
be able to decide what visa they should choose for my mother, instaed
of listenting to my oldest sister here and gets immigrant visa for
her.

If my mother ended up taking immigrant visa (they all listen to my
oldest sister too much) and come here for a visit (in her mind, not
knwoignt he requirements) and then leave US and also abadon GC, if she
ever wants to visit again, would she be able to apply for visit visa
easily? Would there be things required to do to about abadoning the
GC?


    >
    > > Must the petitioner withdraw the approved petition in order so that
    > > beneficiary can apply for non-immigrant visa such as tourist visa?
    >

Ingo Pakleppa - see web site for email

On Thu, 13 May 2004 10:22:40 -0700, Amanda wrote:

    > Ingo Pakleppa - see web site for email <> wrote in message
    > news:<>...
    >> On Tue, 11 May 2004 11:20:37 -0700, Amanda wrote:
    >>
    > <snip>
    >
    >
    >
    >> > (3) If the answer to question 2, is "yes", i.e the petition
    >> > (family-based)
    >> could be used again to apply for GC, can the beneficiary (a parent),
    >> after
    >>> abandoning the GC, instead of applying for GC again with the same
    > approved
    >>> petiiton, just get visit visa?
    >>
    >> Yes. If you are eligible for a GC but knowingly instead apply for a
    >> non-immigrant visa, that is usually pretty strong evidence that you
    >> actually don't have immigration intent.
    >
    >
    > So even with the approved I-130 and the time for GC application has
    > reached, the parent, instead of taking the immigrant visa, can just
    > apply for visit visa by informing the consular that she only wants to
    > visit, right?

There are no guarantees; this is merely common sense.

    > I am asking all this so that I can informt he family members there to be
    > able to decide what visa they should choose for my mother, instaed of
    > listenting to my oldest sister here and gets immigrant visa for her.
    >
    > If my mother ended up taking immigrant visa (they all listen to my
    > oldest sister too much) and come here for a visit (in her mind, not
    > knwoignt he requirements) and then leave US and also abadon GC, if she
    > ever wants to visit again, would she be able to apply for visit visa
    > easily? Would there be things required to do to about abadoning the GC?

To abandon a GC, she would file a form (I-407, I believe) at a US
consulate abroad. I don't recommend doing that, though; using an immigrant
visa this way can be problematic.

Amanda

Ingo Pakleppa - see web site for email <> wrote in message news:<>...
    > On Thu, 13 May 2004 10:22:40 -0700, Amanda wrote:
    >
    > > Ingo Pakleppa - see web site for email <> wrote in message
    > > news:<>...
    > >> On Tue, 11 May 2004 11:20:37 -0700, Amanda wrote:
    > >>
<snip>

    > >
    > >
    > > So even with the approved I-130 and the time for GC application has
    > > reached, the parent, instead of taking the immigrant visa, can just
    > > apply for visit visa by informing the consular that she only wants to
    > > visit, right?
    >
    > There are no guarantees; this is merely common sense.
    >
    > > I am asking all this so that I can informt he family members there to be
    > > able to decide what visa they should choose for my mother, instaed of
    > > listenting to my oldest sister here and gets immigrant visa for her.
    > >
    > > If my mother ended up taking immigrant visa (they all listen to my
    > > oldest sister too much) and come here for a visit (in her mind, not
    > > knwoignt he requirements) and then leave US and also abadon GC, if she
    > > ever wants to visit again, would she be able to apply for visit visa
    > > easily? Would there be things required to do to about abadoning the GC?
    >
    > To abandon a GC, she would file a form (I-407, I believe) at a US
    > consulate abroad.

    > I don't recommend doing that, though; using an immigrant
    > visa this way can be problematic.

Thanks for pointing that out. I completely understand that.

I have no "say" on how to go about this to my sister here; I can only
try to inform the other side there, the people around my mother;
Hopefully, they will understand and see my points.

Thank you.