US Green Card Category 2-B Delay

J

johnny09

Registered Users (C)
Hello,
i live in asia where i am persuing my university studies and my priority date for Visa issuance in the visa bulletin "2-B" is current , i cant get the Green Card right now and move to the US, is there anyway to delay the consular work that takes place before u r issued an immigrant visa, delay it like 3-4 years time and then enter the US?
Tnx Guys,
Joe
 
I can tell you with certain surety that they cannot hold a immigrant visa for you. I am in a similar situation and I was told by a lawyer that if you don't claim your visa within a year, then you forfeit that immigrant number. Just try to prioritize your priorities. Which is more important to you and go with that decision.

On the second thought, i will suggest you to please contact your local consular office and request them to hold this petition for you. Maybe, you might come across a generous officer and he might place your file on hold. Nothing is impossible beside GOD.

Take care and I wish you all the best.
 
Tnx da1980,
So U R Suggesting that instead of asking to hold the Immigrant visa, try to hold the petition before it gets current? do u know if anyone has succeeded in doing so? this is actually sth i didnt think of,
Tnx a lot again for your input,
Joe
 
Actually, I am just suggesting for you to submit a kind request to your local US consulate to hold your visa issuance for the next 3 years.

I just re-read your original post and it mentions that your priority date is current. I don't think it's possible for you to hold your petition now.

Make a request and see what GOD has in store for you. You can always get your credits transferred to US institution and if you plan to finally settle in US for life, then it will be wise for you to pursue your education in the United States.

Infact, even if you plan to settle in your home country; I believe US education will still be in your favor. People come from all over the world to study in US. Again these are just my personal suggestions. I don't know your personal circumstances, so it will be judgmental of me to advice you something. You know your situation best and you should do/do not do what is best for you.

Wish you all the best!!!
 
Last edited by a moderator:
Tnx Again da1980,
I mistyped i should've written Almost current, it should be current by the end of this year, My priority is Dec 2003 and they are in May 03, so hopefully i can still use your advice and ask to hold my petition and see what will happen,
Tnx for the wishes,
Joe
 
da1980,
Here is a link to what you have alluded to of keeping the file open and not terminated travel.state.gov/visa/frvi/glossary/glossary_1363.html#T "Termination of a Case"
Joe
 
this is actually different than maintaining an immigrant visa number. As far as i know or so far what i have researched. An immigrant visa number is only available for 1 year after issuance or after priority date becomes current. Now you can have your case "opened"/"closed" for 2 years, but once your priority date becomes current. You have 1 year to claim your immigrant visa number. If you don't claim it, then you are assumed to forfeited your number.

Please let me know if you find something different. I will be very interested in finding out about this. I am really giving up a lot more for this greencard, then I had ever imagined. :(
 
My Understanding is confused between 2 possible scenarios: 1 ) the moment U Receive the package from NVC or Consulate that says your Priority date is current, then U can call them and ask for holding the petition, because it doesn't make sense to call them before and ask for holding the petition when your priority date is not even current 2) scenario is once U Receive the package from NVC or Consulate then U can wait right before the second year to finish and start the process and that way you gain the extra 2 years "Initial package instruction letter + termination letter" with an extra 6-8 months for the processing and until the interview and an extra year after the visa issuance , so u gain about 3.5 Years of time,
but one way to figure out this thing is a lawyer or contacting the NVC directly, but i am not in the states to be able to do either,
 
Go and complete the formalities for the immigrant visa. It will give you 6 months to enter the US. Enter the US in order to gain your permanent resident status. When in the US, stay in the US long enough to apply for a reentry permit (a few weeks), then leave and return to your studies.
 
Jack's idea is also pretty good to avoid any and all complications in the future. But, I didn't suggest that idea because i don't know if 2.5 years are sufficient for you to complete your studies. It will leave you in the same spot as i suggested above.

The problem I see with your scenarios are: that this is what the website says. If you're in the middle of the process and the immigration officer do not want to delay your process, then you're in tough luck. You'll end up with what you're trying to avoid. I explored all these options with my lawyer. However, not to say that my lawyer was completely understandable of my situation. Plus all lawyers are at a different experience level and your lawyer might suggest you something else and something better. I would definitely explore more with a lawyer than NVC. Because i can tell you one thing of sure...Consular officers and USCIS officers are given a lot of autonomy and discretions. If the case is simple and straightforward then a lawyer is not needed. However, if we (ie normal citizens) are playing with immigration laws and books and try to apply different laws in our case, then it doesn't play well with immigration officers. Nonetheless, as soon as you put Immigration attorney in place, the immigration officers are bound to play by the book.....otherwise their life gets just a little bit more complicated.
 
da1980 said:
Jack's idea is also pretty good to avoid any and all complications in the future. But, I didn't suggest that idea because i don't know if 2.5 years are sufficient for you to complete your studies.
Click to expand...
Another reentry permit can be obtained after the first one expires.
 
As you may be aware Jack. That is again playing with fire. Very, very HARD to obtain consecutive re-entry permit. Yes, if the individual obtains first re-entry permit and then lives in US for 1-2 year(s). Then he/she may obtain another re-entry permit. But consecutive re-entry permit is like playing with fire. It seems like OP is not ready to move for another 3-4 years. He/she may want to obtain professional advice regarding this. My friend in similar situation was advised by several attorneys regarding the re-entry permit.
 
You must log in or register to reply here.
Top