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B1/b2 + Yacht +green Card?
Hi there, I am in the process of applying for a Green Card, having sat & passed the NCLEX exam for nursing. I have secured a nursing job and sponsorship.
My question is- my husband travels via the USA on a B1/B2 visa to rejoin the yacht he works on (it is foreign flagged i.e. NOT a US registered yacht). He is returning to Australia shortly to upgrade his qualifications and was hoping to return to work via the USA. Am I correct in assuming that once we have all the paperwork in the system that he cannot reenter the States, even though I am the primary applicant? Excuse my ignorance- I am just getting sick and tired of being told so many different stories- I hope someone can shed some light on this matter for me. Thank you in advance. |
I know of no legal reason why your husband cannot enter the US. He may be asked if questioned as to yourself to provide evidence that he intends to depart the US at the end of his stay and they could refuse him entry if they are not satisfied of this fact.
I don't believe it's illegal for him to visit the US though just because you have filed for AOS - just illegal for him to enter the US with immigrant intent without an immigrant visa. |
Re: B1/b2 + Yacht +green Card?
It's not illegal per se, but he may be questioned or possibly be denied
admission based on suspected immigration intent. You'll have to take a chance. My guess is that it won't be a huge problem as long as he genuinely intends to depart (should be fairly obvious in this case). But the reason you hear so many different stories is that it is very much a discretionary decision of the individual BCIS officer, and what may fail for one person may well succeed for the next. Don't panic just because you read horror stories in this group; remember that people who are successfully admitted rarely post here. By the way, he most likely shouldn't use the B-1/B-2 visa, but rather get a crewmember visa (D, I believe), or possibly a transit visitor visa (C). For one, that is more consistent with the purpose of his visit to the US (with the B visa, he technically wouldn't even be allowed to work on the yacht within the territorial waters of the US!) For another, it is probably easier for him to use that. The reason is that crew members are statutorily banned from adjusting status in your situation. So it would be much easier to show that he doesn't intend to immigrate. On Wed, 23 Apr 2003 09:01:33 +0000, pegasus wrote: > Hi there, I am in the process of applying for a Green Card, having sat & > passed the NCLEX exam for nursing. I have secured a nursing job and > sponsorship. > > My question is- my husband travels via the USA on a B1/B2 visa to rejoin > the yacht he works on (it is foreign flagged i.e. NOT a US registered > yacht). He is returning to Australia shortly to upgrade his > qualifications and was hoping to return to work via the USA. > > Am I correct in assuming that once we have all the paperwork in the > system that he cannot reenter the States, even though I am the primary > applicant? > > Excuse my ignorance- I am just getting sick and tired of being told so > many different stories- I hope someone can shed some light on this > matter for me. > > Thank you in advance. > > -- > Posted via http://britishexpats.com |
Re: B1/b2 + Yacht +green Card?
I'm confused. If she is applying for residency based on a work visa, her husband is (or can be) included as well. Why can't he apply for advance parole. It allows him to travel outside of the US and if applied for multiple trips, he should be able to come and go for the year.
Rete Originally posted by Ingo Pakleppa It's not illegal per se, but he may be questioned or possibly be denied admission based on suspected immigration intent. You'll have to take a chance. My guess is that it won't be a huge problem as long as he genuinely intends to depart (should be fairly obvious in this case). But the reason you hear so many different stories is that it is very much a discretionary decision of the individual BCIS officer, and what may fail for one person may well succeed for the next. Don't panic just because you read horror stories in this group; remember that people who are successfully admitted rarely post here. By the way, he most likely shouldn't use the B-1/B-2 visa, but rather get a crewmember visa (D, I believe), or possibly a transit visitor visa (C). For one, that is more consistent with the purpose of his visit to the US (with the B visa, he technically wouldn't even be allowed to work on the yacht within the territorial waters of the US!) For another, it is probably easier for him to use that. The reason is that crew members are statutorily banned from adjusting status in your situation. So it would be much easier to show that he doesn't intend to immigrate. On Wed, 23 Apr 2003 09:01:33 +0000, pegasus wrote: > Hi there, I am in the process of applying for a Green Card, having sat & > passed the NCLEX exam for nursing. I have secured a nursing job and > sponsorship. > > My question is- my husband travels via the USA on a B1/B2 visa to rejoin > the yacht he works on (it is foreign flagged i.e. NOT a US registered > yacht). He is returning to Australia shortly to upgrade his > qualifications and was hoping to return to work via the USA. > > Am I correct in assuming that once we have all the paperwork in the > system that he cannot reenter the States, even though I am the primary > applicant? > > Excuse my ignorance- I am just getting sick and tired of being told so > many different stories- I hope someone can shed some light on this > matter for me. > > Thank you in advance. > > -- > Posted via http://britishexpats.com |
Re: B1/b2 + Yacht +green Card?
That would apply if the husband was already in the US with her, but it
seems he is actually outside. He can still get a Green Card, but has to do it through the "follow to join" process after her own GC is approved. As an alternative, he could come to the US and join her as her dependent, if her current visa allows such a thing (probably an H-4, if she is an H-1B or an H-1C). But he would have to quit his job to do that. On Wed, 23 Apr 2003 23:49:43 +0000, Rete wrote: > > I'm confused. If she is applying for residency based on a work > visa, her husband is (or can be) included as well. Why can't he > apply for advance parole. It allows him to travel outside of the US > and if applied for multiple trips, he should be able to come and go > for the year. > > Rete > > > Originally posted by Ingo Pakleppa >> It's not illegal per se, but he may be questioned or possibly >> be denied >> admission based on suspected immigration intent. You'll have to take a >> chance. My guess is that it won't be a huge problem as long as he >> genuinely intends to depart (should be fairly obvious in this >> case). But >> the reason you hear so many different stories is that it is >> very much a >> discretionary decision of the individual BCIS officer, and what >> may fail >> for one person may well succeed for the next. Don't panic just >> because you >> read horror stories in this group; remember that people who are >> successfully admitted rarely post here. >> By the way, he most likely shouldn't use the B-1/B-2 visa, but >> rather get >> a crewmember visa (D, I believe), or possibly a transit visitor >> visa (C). >> For one, that is more consistent with the purpose of his visit >> to the US >> (with the B visa, he technically wouldn't even be allowed to >> work on the >> yacht within the territorial waters of the US!) >> For another, it is probably easier for him to use that. The >> reason is that >> crew members are statutorily banned from adjusting status in your >> situation. So it would be much easier to show that he doesn't >> intend to >> immigrate. >> On Wed, 23 Apr 2003 09:01:33 +0000, pegasus wrote: >> > Hi there, I am in the process of applying for a Green Card, >> having sat & >> > passed the NCLEX exam for nursing. I have secured a nursing job >> and >> > sponsorship. >> > >> > My question is- my husband travels via the USA on a B1/B2 visa >> to rejoin >> > the yacht he works on (it is foreign flagged i.e. NOT a US >> registered >> > yacht). He is returning to Australia shortly to upgrade his >> > qualifications and was hoping to return to work via the >> USA. >> > >> > Am I correct in assuming that once we have all the paperwork in >> the >> > system that he cannot reenter the States, even though I am the >> primary >> > applicant? >> > >> > Excuse my ignorance- I am just getting sick and tired of being >> told so >> > many different stories- I hope someone can shed some light on >> this >> > matter for me. >> > >> > Thank you in advance. >> > >> > -- >> Posted via http://britishexpats.com/"]http://britishexpats.- > com[/url] > > -- > Posted via http://britishexpats.com |
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