green card info.
Feb 10th 2001, 10:37 pm
#1
Guest
Posts: n/a
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.
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.
Feb 12th 2001, 5:29 am
#2
Guest
Posts: n/a
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.
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.
Feb 12th 2001, 9:42 am
#3
Guest
Posts: n/a
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.
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.
Feb 12th 2001, 4:21 pm
#4
Guest
Posts: n/a
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.
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.
Feb 12th 2001, 9:12 pm
#5
Guest
Posts: n/a
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.
> 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.
