Is that possible to change green card category?

T

Thxusa

New Member
Hi everybody, my case is a little bit complicated . Appreciate for any help.

My wife got the AS6 green card to 4.5 years, and mine is AS7 for 3.5 years. Recently, the original threat we applied for asylum is GONE. Finally we can go home without fear.

The problem is I have a very good business in the U.S now and my wife could go back to restart what she loves.
But the AS category green card will trouble us if we go back our home country and came back to USA again.

Is that possible that just me naturalize as U.S citizen, and she gave up the AS6 green card, then I apply her as a spouse of a citizen so that she can stay in our home country as long as possible and both of us can go back to USA without any problem?

Thanks in advance.
 
If the threat has gone and you can document it, you have nothing to fear. They will not take away your GC just because you do not fear persecution any longer. That would only happen if you were still an asylee. Unless you are afraid of the authorities in your home country seeing the AS category, there is no need to worry about returning to the US with it after visiting your COP.

Of course, try to document that the threat no longer exists, so that you can show it, if asked, when you naturalise.

This applies even more when you are citizens.

If you were to follow your scenario, the person who does not naturalise would have to leave the country to give up her green card, and then re-apply. But, that would look really weird, I think.
 
cafeconleche said:
If the threat has gone and you can document it, you have nothing to fear. They will not take away your GC just because you do not fear persecution any longer. That would only happen if you were still an asylee. Unless you are afraid of the authorities in your home country seeing the AS category, there is no need to worry about returning to the US with it after visiting your COP.

Of course, try to document that the threat no longer exists, so that you can show it, if asked, when you naturalise.

This applies even more when you are citizens.

If you were to follow your scenario, the person who does not naturalise would have to leave the country to give up her green card, and then re-apply. But, that would look really weird, I think.
Click to expand...

Hi cafeconleche,

Thank you so much for your reply. We traveled out of USA for my business several times (not to my COP) and very time we return to the U.S, the U.S. Customs and Border Protection officer asked some questions related to our AS GC, and yes I heart of that somebody was troubled by the authorities of my home country when they found the AS category. That's why I'm asking.

Thanks again. It seems my scenario could work as well? My wife will go back to our home country to restart her career anyway, so I think leave, give up, and re-apply is fine as long as she can come back as the spouse of a citizen.
 
So, the safest route is you waiting to become a citizen before you go to your COP, which I think is your plan, correct?

Yes, in this case documentation that the threat no longer exists is important, because when she reapplied for an immigrant visa as your spouse, the US could ask why she went back as an asylee GC holder and settled in the country that she claimed persecution from. They could (possibly) deem the initial application fraudulent without proper supporting information.

I should tell you that this is advice from a layperson, but I was also an asylee at one point (derivative). You must make the ultimate educated decision, possibly with advice from others in a situation similar to yours.

Would you mind sharing which country this is?
 
cafeconleche said:
So, the safest route is you waiting to become a citizen before you go to your COP, which I think is your plan, correct?

Yes, in this case documentation that the threat no longer exists is important, because when she reapplied for an immigrant visa as your spouse, the US could ask why she went back as an asylee GC holder and settled in the country that she claimed persecution from. They could (possibly) deem the initial application fraudulent without proper supporting information.

I should tell you that this is advice from a layperson, but I was also an asylee at one point (derivative). You must make the ultimate educated decision, possibly with advice from others in a situation similar to yours.

Would you mind sharing which country this is?
Click to expand...

Thank you. My COP is China. We lost a child due to the family planning policy and that's why my wife got the asylum status because she was forced for abortion.

Last year, the family planning policy was formally phased out, and we already got our baby here in the U.S. That's why I said the threat is gone.

Now, I love the U.S enough to become a citizen and I already paid a lot of taxes to IRS during these years. :) However, my wife is really hard to be the same person when she was in China. That's why she needs to go back China as long as possible to rebuilt what she left there.

If she becomes US citizen, the Chinese government won't let a foreigner to stay in China more than 90 days. But I can visit China for 1 month and back to the US for 2 month repeatedly.

That's all the details that why I asked this question.
 
Ok, sorry for your loss. You need not have shared the reason for your asylum claim, though. If you want to delete it, you should.

Best of luck.
 
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