I applied for a green card last may and have now returned to the U.S. on a B1 visa,
however my visa expires at the end of march.I have been told that the green card has passed through the labour board by my sponsor and that I should just stay and wait for the green card to be processed.My question is how legal will it be for me to stay after my visa expires.Any help would be greatly appreciated. |
It would be very unwise for you to remain in the U.S. without even attempting to extend
your nonimmigrant status. If you were present in the U.S. on December 21, 2000, or if your labor certification was filed before 1/15/98, then you may adjust your status to permanent resident (file a form I-485) even if you are illegally in the U.S. by paying an additional $1000 penalty. Even if not, most employment based immigrants may adjust status in the U.S. if they have been here illegally for less than 180 days. However, the best thing is to at least try to legally extend your B-1 status while waiting for your I-140 to be approved, since your I-485 cannot be filed by then. There are also other subtle issues involved here which a consultation with an attorney would better illuminate. Michael E. Piston Attorney at Law 4000 Livernois Ste 110 Troy, MI 48098 248/680-0600 My comments are based upon my over 15 years of full time experience as an immigration attorney. It has not been confirmed by research, and one or more immigration officials or other attorneys may disagree. This is not legal advice and is provided on the understanding that no attorney-client relationship is created or intended. > I applied for a green card last may and have now returned to the U.S. on a B1 > visa, however my visa expires at the end of march.I have been told that the > green card has passed through the labour board by my sponsor and that I should > just stay and wait for the green card to be processed.My question is how legal > will it be for me to stay after my visa expires.Any help would be greatly appreciated. |
Hello,
Anyone can advice my friend who has been away from USA due to family reasons and would be coming back for a short visit sometime this year or next year. She mentioned that she has been away for about 2 years and would like to keep her green card valid. Would there be any problem for her to come back for a short visit, also she still has all her banking, stock and keep her mailing address current. Her future is not certain due to the old age of her parents and as no one is able to help out at this point. Any advice is appreciate whether she should apply for a tourist visit or use her green card to visit USA. Thanks in advance. evkra in message > > I applied for a green card last may and have now returned to the U.S. on a > B1 > > visa, however my visa expires at the end of march.I have been told that > the > > green card has passed through the labour board by my sponsor and that I > should > > just stay and wait for the green card to be processed.My question is how > legal > > will it be for me to stay after my visa expires.Any help would be greatly > > appreciated. |
Hi,
THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY ONE ON TV! Unless your friend obtained a reentry permit before leaving the US and has been away for less than two years, she has probably already lost her US permanent residence. The only way she can come back using her 'green card' would be to obtain a returning resident visa from an overseas American Consulate. To obtain such a visa, she would need to show through documentary evidence that she did not intend to abandon her American residence. Your indication that has all her US banking, stock and has kept her US mailing address current are positive signs that she intended to return to the US. Another positive indication would be the presence of close relatives here. Ed MacNeil Ancient Aviator North Hampton, NH, USA > Hello, > > Anyone can advice my friend who has been away from USA due to family reasons and would > be coming back for a short visit sometime this year or next year. She mentioned that she > has been away for about 2 years and would like to keep her green card valid. Would there > be any problem for her to come back for a short visit, also she still Her future is not > > certain due to the old age of her parents and as no one is able to help out at > this point. > > Any advice is appreciate whether she should apply for a tourist visit or use her green > card to visit USA. |
Not a good idea, it could affect the outcome of your pending case.
> I applied for a green card last may and have now returned to the U.S. on a B1 > visa, however my visa expires at the end of march.I have been told that the > green card has passed through the labour board by my sponsor and that I should > just stay and wait for the green card to be processed.My question is how legal > will it be for me to stay after my visa expires.Any help would be greatly appreciated. |
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