A-3 visa type

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henriette

New Member
I am an A-3 visa type holder and my husband is a US citizen. Can he apply for a green card for me? I have heard that with my visa type i can't apply for a green card even if my husband is a us citizen. I have been told that i need to go outside the United States to apply for one. help me please because I am confused.
 
According to the info that I googled for you ;

A-3 Visa holders are not allowed to apply for a Green card, he can apply for a green card for you for consular processing in your home country.
 
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henriette said:
Thank you, so that means that i need to go out of the united states before he can apply it for me.
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If A3 visa holders are prohibited from applying for adjustment of status, it would not be necessary for you to exit the US before he applies for you. You would only need to exit the US towards the end of the process to complete the formalities with the consulate. So that would about 2-3 weeks outside the US.

However, even with an A3 it is my understanding that you can stay in the US for the entire green card process, as long as you file I-508 and I-566 along with the adjustment application.
 
henriette said:
I have been told that i need to go outside the United States to apply for one.
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Who told you that? Is your A3 status still valid?

Some USCIS employees have a sneaky practice of telling overstayers that they need to go outside the US to pursue a green card, even if it's not true for the particular individual's situation. Sometimes the person follows their advice and leaves the US, only to discover they're stuck outside the US because of the 3-year or 10-year ban. It's deportation by misinformation.
 
Assuming you are talking about being misinformed by USCIS, yes it is true. Most of the people answering the USCIS 800 number are not USCIS employess and have very limited knowledge about USCIS rules/regulations.

immiresearch said:
I hope this is not true and can anybody confirm this ??
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henriette said:
I am an A-3 visa type holder and my husband is a US citizen. Can he apply for a green card for me? I have heard that with my visa type i can't apply for a green card even if my husband is a us citizen. I have been told that i need to go outside the United States to apply for one. help me please because I am confused.
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You would be a lot less confused if you simply bothered to read the I-485 instructions. The answer is right there.
 
I mean the OP confusion. Is it true that A-3 visa type holders must go back to their home counttry before AOS to green card?? because all i know is filing forms I-508 and I-566 along with the rest of the papers and you are good. I am an A-3 visa type holder like the OP and my wife is USC. However my visa is expired and am currently out of status hence my hope that it is not true.
 
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BigJoe5 said:
You would be a lot less confused if you simply bothered to read the I-485 instructions. The answer is right there.
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Exactly! I-485 instructions states that as an A, G or NATO visa holders must file I-508 and I-566 along with rest of their papers but the issue is that the instruction never mention if those forms has to be filed while in US or through consular filings. I always thought the mere physical presence in the US at the time of processing and being a spouse of USC makes one immuned from consular filings regardless of your visa type??
 
immiresearch said:
Exactly! I-485 instructions states that as an A, G or NATO visa holders must file I-508 and I-566 along with rest of their papers but the issue is that the instruction never mention if those forms has to be filed while in US or through consular filings. I always thought the mere physical presence in the US at the time of processing and being a spouse of USC makes one immuned from consular filings regardless of your visa type??
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You can't file for adjustment from outside the U.S. Where else would you file all the ADJUSTMENT forms together? Certainly not Zimbabwe.

Even the spouse of a USC must have made a lawful entry into the U.S. to file for adjustment, the differfence is that that they can fall out of status after lawful entry and still apply.
 
If you were to use consular processing, there would be no I-485 filing, you would file DS-230 instead. So if having A/G/NATO means you're forced to go through the consulate, the I-485 instructions wouldn't say you have to file I-508 or I-566 with the adjustment paperwork, it would say you're not eligible to file I-485 in the first place.
 
oh you are right on the interpretation. One needs to be very careful in chosing who to listen to on internet forums. I hope the original poster has not been misled to believe that she must go back to her home country before her green card.
 
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