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Hi, I have been using Immihelp since I filed for citizenship back in 2009, thank you for the support from the members and at the same time for the informative answers from the admin.
This is in regards to my immediate relative's case.
He was a former green card holder but have overstayed for more than 20 years in the Philippines. He just applied for a tourist visa a week ago but was denied.
Two things that could have affected the decision were the following:
1. Year 1997 - There was one time he came back to US on what he believed a tourist visa to accompany an American Expat on his return to US. My relative is a doctor, that time he already overstayed in the Philippines for 9 months. He said that the consul asked him if he still wanted to be a green card holder or a tourist, he chose to be a tourist but the green card was not surrendered.
2. Year 1996 - He had a petty theft offense incurred in US before flying to the Philippines. The sentence was only for 3 days because the amount was too small. A disposition can be obtained from court. He was a green card holder that time.
A week ago, he applied for a tourist visa, he was approved on the initial interview, however his passport came back with a request for a 2nd interview.
On the 2nd interview, the consul asked about what happened on 1997, he couldn't clearly remember because it was a long time ago. The consul questioned why he was able to enter the US in 1997 after being out of US for 9 months. The petty theft was mentioned but did not ask many questions about that.
I am not sure if my relative was able to explain that the Consul in 1997 blessed his travel because he had to accompany his patient (the American Expat).
His form was stamped No Entry, his application was refused.
I'd like to know if there is a hope for this case. Is it possible to hire an Immigration Attorney, his intent is only to visit the US and no longer wants to be a Green Card holder. He is well established in the Philippines and the only reason he wants to visit is to see his family - his sister just died a few weeks ago which is also why they requested for an emergency visa.
Thank you in advanced.
This is in regards to my immediate relative's case.
He was a former green card holder but have overstayed for more than 20 years in the Philippines. He just applied for a tourist visa a week ago but was denied.
Two things that could have affected the decision were the following:
1. Year 1997 - There was one time he came back to US on what he believed a tourist visa to accompany an American Expat on his return to US. My relative is a doctor, that time he already overstayed in the Philippines for 9 months. He said that the consul asked him if he still wanted to be a green card holder or a tourist, he chose to be a tourist but the green card was not surrendered.
2. Year 1996 - He had a petty theft offense incurred in US before flying to the Philippines. The sentence was only for 3 days because the amount was too small. A disposition can be obtained from court. He was a green card holder that time.
A week ago, he applied for a tourist visa, he was approved on the initial interview, however his passport came back with a request for a 2nd interview.
On the 2nd interview, the consul asked about what happened on 1997, he couldn't clearly remember because it was a long time ago. The consul questioned why he was able to enter the US in 1997 after being out of US for 9 months. The petty theft was mentioned but did not ask many questions about that.
I am not sure if my relative was able to explain that the Consul in 1997 blessed his travel because he had to accompany his patient (the American Expat).
His form was stamped No Entry, his application was refused.
I'd like to know if there is a hope for this case. Is it possible to hire an Immigration Attorney, his intent is only to visit the US and no longer wants to be a Green Card holder. He is well established in the Philippines and the only reason he wants to visit is to see his family - his sister just died a few weeks ago which is also why they requested for an emergency visa.
Thank you in advanced.
