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| Life After The Green Card How soon can you leave your employer. All other issues after the green card. |
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#1
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Can I keep my green card while my wife moves to L1 visa?
I and my wife have green cards. I am in US and my wife is in India with a valid reentry permit. It seems like we do not have any way of bringing our 2 and half year old child to US immediately.
If my wife surrenders her green card and gets L1 visa through her employer, she can get L1-dependent visa for our child immediately. IS THIS POSSIBLE? Will they issue L1 visa to my wife as I am still keeping my green card active? Is it OK if one family member is on Green Card and others are on L1 visa? thanks in advance, |
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#2
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When your child was born, did you both (or either one) have green cards? Parents with GCs can bring their child to the US (if born outside) and get a GC for the card if the child is brought within 2 years of birth. It seems that window has been lost.
Regardless, your wife can abondon her GC status. She does not need to fulfil 214(b) for an L-1 visa. So your holding a GC will not damage her L-1 chances. Yes it is very much "OK" for one family member to have a GC and the rest on non-immigrant visas. Quote:
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Regards, S K Ghori skg@vex.net http://www.vex.net/~skg/ **NOTE** I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship. **DISCLAIMER** I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such. |
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#3
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Thanks much for the quick reply!!
Yes, both of us were green card holders when the child was born. I was ignorant of the rule with 2 year limit until a few months ago so we just missed the window. At US airport immigration port of entry, I am assuming we will need to stand in the line for non-immigrants although I am an immigrant. Since it seems to be technically OK, the immigration officer will not be surprised to learn that one family member is an immigrant with green card while others are on non-immigrant L1 visa... thanks. |
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#4
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I am sure most immigration officers have seen countless combinations of visas/statuses within a single family.
There was a short duration (4-5 months) when I was a Canadian citizen living in the US on a "Green card" and my wife was a US citizen living in the US with a Canadian "Maple card". Talk about confusing two countries simultaneously
__________________
Regards, S K Ghori skg@vex.net http://www.vex.net/~skg/ **NOTE** I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship. **DISCLAIMER** I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such. |
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