Question:
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?
Answer:
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.
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.
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.
Not a good idea, it could affect the outcome of your pending case.
