Permanent tourist
AFTER admission as a permanent resident based on a petition by his US citizen father in 2006, Joel was brimming with optimism. It was the end of the holiday season when Joel thought his American dream had begun.
A degree holder in business administration, Joel was confident he could get a job easily, particularly since his father works in a remittance firm in Sacramento, California. His cousins were in the real estate business, basking in the residential building boom south of the commercial and financial center, starting with Florin Road and extending to Elk Grove.
Three years earlier, all but three of the 50 fastest-growing cities were in the south and west of big cities of immigrant-dense states such as California and Florida.
Elk Grove was followed in the top five by North Las Vegas, Nevada; Port St. Lucie, Florida; Gilbert, Arizona; and Cape Coral, Florida.
A week after arrival and after the holiday season of 2006, Jason started work as an office assistant with a Sacramento developer. Not bad from a fresh-off-the-boat immigrant — or plane, if you will.
Then, in 2007, America got caught in a recession brought about by losses and uncertainty in mortgage-related financial assets, which strained the global financial markets.
Joel’s first Christmas in America coincided with the US economy’s entrance into a recession. The turbulence that swirled nationwide caught up with the real estate company that Joel was working at. He got a Christmas bonus — and a letter of termination.
After a year of braving the ritual of sending resumes to potential employers still in the real estate, remittance and financial sectors, Joel decided to return home to Pangasinan.
Pampanga Rep. Gloria Macapagal Arroyo was president then, taking over the remaining years of the deposed Joseph Estrada. The Philippines was barely touched by the recession, thanks in part to the remittances of 1.9 million overseas Filipino workers (OFWs), whose P135 billion remittances that year kept the economic engine going.
Joel set up a remittance-related business through the Smart-Padala scheme. The American dream faded as his bank account grew.
After the busy remittance months of 2022, armed with his business’ DTI registration, OR/CR of vehicles he was able to buy, a valid business permit, and bank statements for the last six months showing funds more than sufficient for a three-week visit to his father who had been ailing, Joel appeared for a tourist visa interview at the US embassy in Manila.
When the consul beckoned him to his cubicle, Joel was ready to present any or all of the documents he had to prove that he had the financial ability for the intended temporary visit.
Joel watched as the consul checked in the computer for every question asked:
“How long do you intend to stay in the US?”
“Do you have relatives in the US?” “Have you ever applied for a US visa?” “Has anybody ever filed an immigrant visa petition for you?”
And the final question that stumped him: “Do you have your green card with you?”
“I did not bring it with me, Sir,” Joel replied, confident that he was telling the truth in compliance with the instructions from a consul that there is no secret in applying for a visa. Also, his 10year green card expired in 2016. Just tell the truth.
As the consul gave him a colored paper, he said, “I’m sorry I cannot give you a tourist visa. As a green card holder, you may still return to the US.” The legal basis for the refusal was under Section 214(b) of the Immigration and Nationality Act which considers all nonimmigrant visa applicants as intending immigrants — lawful permanent residents — unless proven otherwise.
After consulting with an immigrant advocacy firm, Joel realized that he must first voluntarily abandon his lawful permanent resident status, and only after confirmation of such intent by the US Citizenship and Immigration Services (USCIS) could he apply for a tourist visa.
Being absent from the US for more than a year without a re-entry permit is one of many reasons that a green card holder may lose permanent resident status.
Even if Joel’s green card was still valid, by having departed from the US in 2009 and remained out of the US for approximately 14 years, he cannot return to the US.
He may apply for a tourist visa — as he did — but only after being considered as someone who meets the requirements for a temporary stay in the US.
In January this year, Joel submitted his completed and signed I-407 form Record of Abandonment of Lawful Permanent Resident Status together with his original expired green card. Advised that it would be best to submit his I-407 form by courier, Joel sent his LPR status through LBC, the current official delivery service of the US Embassy in Manila.
Within days, he got an acknowledgment that his I-407 packet had been delivered. He requested a copy of the courier transmission with the signature of the USCIS personnel who received it.
After paying the P10,730 fee with RCBC, he was able to get a 7:30 a.m. appointment on March 8.
His DTI registration and business permits are still valid. Bank statements show a higher average monthly balance than the last time he brought it with him to a tourist visa interview. Joel also had purchased another car. He is confident that he now meets the requirements to become a permanent tourist in America.
At least for the first 10 years and then the next 10.
After all, how many green card holders have abandoned their lawful permanent resident status?
Hopefully, the Philippines will not be affected by OFW remittances being threatened by the crisis in Gaza and a possible war between Russia and NATO over Ukraine.
For now, Joel has planned for his successful return to the US not as a permanent resident but as an intending permanent tourist.