Question:
I've had a green card since 1998 but had to leave country for a period
of year and a half, was back in 2000. For this reason I think Im not
eligible to file for a citizenship yet.
I'm planning to get married my fiance is on H1-B, up for renewal in
Dec 2004 (he will probably get another 2 year extension). I have read
something about a V Category non immigrant status, wherein a person
can apply for work permit (independantly) if he/she is married to a
Lawfull permanent resident. I would appreciate any response/feedback
on this issue?
My fiance is going yo apply for his green card thru his company, and I
told him to hold of until I get some more information
Answer:
Correct.
Hopefully they won't decide you have abandoned status.
Did you have a reentry permit?
V Visa isn't going to help. Check the website to make sure..
V Visas was for people that had already been waiting 3 years or more at
the time this was effective. I believe the filing deadline has passed.
Roughly speaking, note that you can file for naturalization
approximately 3 years 9 months after return from that long entry -- the
last 364 days of it count towards you residence.
Beware thought that BCIS may not understand this -- I'm doing a natz
appeal on this very issue.
Thanks for the reply. They would'nt have let me in if didn't have a re-
entry permit. However I will check out the V Category information
Probably not eligible.
They must meet ALL of the requirements below.
http://www.immigration.gov/graphics/howdoi/hdinonimm.htm
*****************
Who is Eligible?
A person may apply at a U.S. consulate abroad for a V-1 or V-2 visa or
seek V-1 or V-2 nonimmigrant status while in the United States, if that
person:
* is lawfully married to a Lawful Permanent Resident of the United
States (V-1), or is the unmarried child (under the age of 21) of a
Lawful Permanent Resident (V-2); and
* is the principal beneficiary of a relative petition (Form I-130)
that was filed by the Lawful Permanent Resident spouse/parent on or
before December 21, 2000; and
* has been waiting at least 3 years since the petition was filed
for status as a Lawful Permanent Resident because the petition is still
pending, or has been approved but:
* an immigrant visa is not yet available; or,
* there is a pending application to adjust status or application
for an immigrant visa.
The derivative child of a V-1 or V-2 nonimmigrant is eligible for a V-3
visa or for V-3 status.
