Denounce Permanent Residence???

Stolen Chalupa

Registered Users (C)
Just wondering... is the following scenario possible?


  • Change Permanent Resident status to temporary H1-B status
Have my wife join me since my status is temporary.

SC
 
Yes, maybe, definitely...

I had a friend do something similar, but not quite the same. He was close to getting his green card process done, when he met someone outside the country and wanted to get married. His lawyer withdrew the GC application after applying for a temporary visa. He got married, got her over and then prepared a new GC application.

Make sure you have a very very good attorney if you decide to seriously explore this option. Your temporary visa needs to be approved before you give up your GC, otherwise you will have an enforced vacation with your loved one outside the country. I recall my friend saying that most lawyers do not know how to do this properly and he had to look around to find someone who knew exactly what he was doing. Another sticky issue was that INS officers were themselves clueless how to deal with the back and forth status changes, so his lawyer had to "guide them". They did have some uncomfortable questions on intent to answer when his new GC was processed, but things were fairly smooth. This was about 6 years ago, so rules may have changed.

Also, it probably helped his case that he could apply in the "exceptional individual" category so things moved faster with the new GC. And legal expenses were unlikely to make a dent in his bank account, which obviously helps with such an endeavor.

I just saw your sig, really sorry about your naturalization delay. Can you explore a lawsuit to speed up your process? It may be more prudent to go down that path than go backwards.
 
Last edited by a moderator:
Just wondering... is the following scenario possible?


  • Change Permanent Resident status to temporary H1-B status
Have my wife join me since my status is temporary.

SC
File a WOM to speed up your citizenship instead of taking a crazy backwards step like that. Unless you really want to stop living in the US.
 
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