With the global economy slowing down, green card holders are not spared from the effects of the crisis including “unemployment.” Negative news of a double dip recession in the United States causes restlessness and anxiety to the general public including the immigrants.
Angelita is an immigrant of the United States having been issued her green card five years ago. Her mother is a U.S. citizen who now resides in Manila. Angelita stayed in the U.S. for only three years and when her mother got sick, she decided to return to the Philippines. For the last two years, Angelita stayed in the U.S. for only a few weeks and lived in Manila longer.
During her last trip to the U.S., Angelita was subjected to a secondary inspection, an extensive interview by an immigration inspector. She was told that her immigrant visa or green card would be revoked if she continues to stay in the Philippines longer.
Initially, Angelita thought that it is no longer necessary to live and work in the United States. She emailed me on August 14, 2011 stating in clear terms about her plans: I decided that I will give up my green card. I was informed before that I can convert my green card into tourist visa. How soon should I do this?
Four days later, Angelita sent a message: I think I am changing my mind…Can I apply for a re-entry permit in the US Embassy in Manila instead? Or is it possible to apply for re-entry permit here in the U.S. and do the biometrics in Manila?
Angelita admitted that she has a well paying job in Manila and would not like to give it up. She claims that she is having a difficult time finding a job in the U.S. and she would be better off if she continues her employment in the Philippines and at the same time be with her mother. However, she was also told that it would be better to preserve her status as an immigrant in case circumstances change that will afford her again a better opportunity in the United States. What would be her best course of action?
Green Card v. Tourist Visa
Philippines is one of four countries that suffers from severe backlog in the application for immigrant visas. The longest wait for someone who wishes to obtain a green card through family based petition is 24 years. This refers to the petition filed by a U.S. citizen on behalf of his siblings. Petitions under the other preference categories varies anywhere from 10 to 16 years in waiting time. Petitions by U.S. citizens on behalf of parents, spouse or minor children are not impacted by the backlog as they are considered immediate relatives and are processed quickly.
Considering the lengthy waiting time, once the green card arrives, most of those granted immigrant visas value the worth of being green card holders. They consider their status as the door to many opportunities and eventually leads them to becoming U.S. citizens.
On the other hand, a tourist visa shall temporarily allow the individual to visit the U.S. for a short period of time and return to the Philippines thereafter.
Ironically, there are green card holders who just want visitors visas instead of the immigrant visas. There are a number of visitors visa holders, on the other hand, who aspire to have green cards. Whatever their individual desires maybe depend on the personal circumstances of their case.
No Exchange of Visas
If the need for the green card is no longer existing, such as in the case where there is no real intention to live in the United States, an abandonment form may be signed at the U.S. Embassy or at the U.S. Department of Homeland Security. Surrendering the green card status by signing the abandonment form does not necessarily translate into an automatic grant of a visitor visa. There is no “exchange” of visa statuses.
The appropriate application for nonimmigrant visitor visa should be filed and the former green card holder will have to undergo an interview. During the interview, the consular officer shall determine whether the applicant has sufficient ties in the Philippines and has no reason to overstay in the United States. The fact that the former green card holder seldom travels to the U.S. when he was an immigrant is a significant and positive factor in determining intention. However, note that financial ability to travel abroad shall also be taken into account and the applicant must be able to show evidence of sufficient funds or income required of a visitors visa holder. If temporary intent, sufficient ties and resources is proven then the former green card holder may be granted a visitors visa.
Walk on the Safe Side
It appears that Angelita is not sure of her decision to give up her green card. What if the economy improves in the near future? The best course of action is for Angelita to apply for the re-entry permit with the immigration service while she is in the United States. This may not be applied at the U.S. Embassy in Manila. As soon as the re-entry permit is issued, her intention is clearly established and will no longer risk an abandonment finding.
In these times of uncertainties, when we oftentimes hear negative news about the global economy, an individual’s informed decision is all that matters. Definitely, all-important factors are taken into account in making a decision. If there is still doubt in the path that is going to be taken, it will be better to be on the safe side by preserving the green card.
(Tancinco may be reached at law@tancinco.com or at 887 7177 or 721 1963)
