4N6 XPT

I wonder if there is anyone out there who can answer any of the following?

Can an O-1 visa holder who is a UK citizen apply for adjustment of status to be a permanent resident of the USA immediately upon receipt of the O-1 visa?
If the answer is yes, what is the time taken before receiving the Green Card?

If a Green Card is received, can the Green Card holder apply for their unmarried child over 21, who is visiting the USA from the UK and is a UK citizen, to get a Green Card and can they then stay in the USA whilst the application is pending?

NotCasey

Yes. It is dual intent. It depends how long your attorney needs to prepare your case and whether you do Premium Processing (a 2 week decision - see my other posts about that).

I wasn't aware that a PR could petition for a family member, only a USC.

Bob

They can, but they need to maintain legal presence in the US...and it'll take years....years...

Ozzidoc

Think years in terms of more than a decade.

NotCasey

Once you have an EB1, it takes five years (I believe) to be able to apply for US Citizenship, so really, it will be a USC petitioning them?

4N6 XPT

Thank you for your reply NotCasey.

I got the following from the USCIS website:

Family of Green Card Holders (Permanent Residents)

As a green card holder (permanent resident), you may petition for certain family members to immigrate to the United States as permanent residents.

You May Petition For The Following Family Members:

Spouse (husband or wife)
Unmarried children under 21
Unmarried son or daughter of any age



If the green card can be used to petition the unmarried child, as above indicates, then my question is:

Can the unmarried child, who is visiting the USA, have an adjustment of status applied for by the green card holder, who is petitioning the unmarried child for a green card, and can the unmarried child then stay in the USA while waiting for the outcome?

Awesome Welles

No.

Bob

And how would they maintain legal presence in the US without having intent to cause visa fraud?

4N6 XPT

You tell me?

Is there anyway to maintain "legal" presence? Or is this a case of the family having to be separated for years/decades until the green card is granted?

Bob

Plenty of options, don't reside in the US, or if the kid has other visa options.

Bumming around while on the VWP and waiting wouldn't be a smart one to contemplate.

Probably want to speak to an experienced immigration lawyer to better understand your options.

4N6 XPT

Thanks!

ian-mstm

I work in PC4N6... what type of 4N6 are you involved with?

Ian

Ray

A green card holder filing to get a visa for say a son or spouse would have to wait 3/4 years for the immigrant visa to be available
they would be F2A
http://www.travel.state.gov/visa/bul...etin_5518.html

4N6 XPT

Thank you for that Ray.

That's a pretty long time!

JAJ

As far as I understand, the O visa is NOT dual intent. That doesn't mean you can't progress from it to a green card but you have to be careful. For example, once you have lodged your Adjustment of Status application you need Advance Parole to travel outside the USA.

You can't use the same re-entry facility that H and L visa holders can sometimes used.