Can I obtain a tourist visa after leaving the US? 2 Answers as of May 05, 2011

My grandfather gave his working visa to my father as a gift before he passed away so that my father could come to The U.S and work. My father used those documents for 14 years and later returned back to his country because he didn't want to continue working his father’s visa. I am not 21 yet but will there be a problem or any consequences when I submit a petition for my father or can he be denied a tourist visa? Also my father did obtain a Drivers License while he was in the United States as well as credit and debit cards.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes for this and many other reasons. The consul will want to find out if your father has visited the US before. If he says no, the consul may or may not find out about his stay in the US. I always bet on the side of the Feds, when they can piece information together they always get their man. Here, the problem with saying no is that a fingerprinting is required for passage to the US. I am pretty sure that his driver's license will connect him to the US along with his fingerprint and among other things. His connection to the US is clear and so I suggest you do an immigrant visa petition straight-up and prepare a good waiver application when the time comes. Having said all that, keep in mind that I know close to nothing about your father and his history. It may just be that he has other ways of adjusting status here in the US. So, for a close look at his case, consult competent counsel. You never know. Good luck!
Answer Applies to: California
Replied: 5/5/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
A visa can not be gifted. You father may not have legal status.
Answer Applies to: Florida
Replied: 5/4/2011
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