sherbert

I've consulted an immigration lawyer about self petitioning a green card (based on my OH's skills/accomplishments) and they are currently reviewing our information.

The GC idea is partly to solve the H4-visa-from-hell situation and partly so that my OH (currently H1b) can have more flexibility in his career.

Apart from the cost and time/effort involved and being obliged to file taxes each year, what are the other downsides to being a GC holder?

hoffage123

Green Card Through Self Petition | USCIS

"Individuals of extraordinary ability are considered to be the best of the best in their field and it is an eligibility category that applies to very few individuals. Examples of who may be considered an E11 immigrant include Nobel Prize winners, notable athletes, and others who have achieved great successes in their field."

http://www.uscis.gov/green-card/afte...anent-resident

You don't really explain if your OH fits the above criteria. Would you mind clarifying a little on the trouble with the H4 situation?

I am sure wiser (and less gentle) minds will come along in a little while to provide their feedback to you, but I thought I would get the above in first.

Hoffage

sherbert

Not that I think these clarifications have anything to do with my original question but yes, the lawyer seems to think that he may meet the criteria (plus, from discussions I've seen on here, these guidelines are a little over the top. I'm sure there are a few people on here in the IT/research sector who have self petitioned: http://britishexpats.com/forum/usa-5...really-846756/)

H4 visa = can't work. I want to change that situation.

caleyjag

I am in the "research sector" and I successfully went this route. I am not (yet) a Nobel prize winner.

As you have correctly identified, having an experienced attorney to weave together a portfolio of supporting evidence was very important.

In my case I had already been granted the O1 prior to the H1b, which has a very similar set of requirements. To all intents and purposes I recycled the evidence from my O1 portfolio. I'm not sure if having the O1 beforehand makes a difference to the GC process. In any case my experience suggests its a combination of your OH's particular achievements and the skills of a diligent attorney that will see you through. I wouldn't recommend doing it alone.

hoffage123

I provided two links (one on the self petition and one on the rights and responsibilities of PR's) to help give context on the difficulties and potential limitations of being a PR (i.e. allowing you to make your own inferences about the potential 'downsides'), but if you don't want that help that is your prerogative.

The problem with basing your own experience on someone else's experience, is that there is no one size fits all when it comes to US immigration.

Regards.

Hoffage.

md95065

Being a U.S. permanent resident gives you essentially all of the responsibilities of being a U.S. citizen (taxes, military service, etc) but without all of the rights.

The most important right that you don't have is the unconditional right to enter and remain in the U.S. for the rest of your life no matter what you do.

As a non-citizen you also can't vote or serve on a jury.

sherbert

Thank you, md95065, that's the kind of thing I am looking for. Although you're scaring me now regarding military service - what do you mean by that?

[Edited: "Required, if you are a male age 18 through 25, to register with the Selective Service" - basically those eligible for draft]

And are there changes to your obligations in the UK if you are a GC holder?

sherbert

Apologies, I missed the second link. Thanks for the info.

civilservant

In a word, no. The UK does not care that you hold a US GC, or that you live in the US.

Cook_County

You also have to learn in advance how to avoid the exit tax if you activate a GC.

ian-mstm

Here's another, dealing with real estate outside the US. If you have such property, you will pay US capital gains tax on that property if you sell it after you get a green card. If you sell it before you get a GC, you don't get taxed (well... not by the US). Keep in mind that the US will tax you on your worldwide income once you become a PR.

Ian

Cook_County

Unless you are already a US resident in which case the GC will make no difference.

ian-mstm

Since there's an actual difference between a "US resident" and a "US permanent resident", I'm going to guess that you mean "US resident for tax purposes"... which is an entirely different animal than simply a "US resident".

Ian

Sally Redux

The criteria do not appear to be rigorous in the scientific field, judging by someone we know who went this route.

Sally Redux

I think selective service applies to all males in that age group.