Please help!!

[DOCTORENIGMA]

Hi,

First of all,i want to thank this forum for answering many of my questions.
I will be very thankful if someone can answer a couple of my questions about Green Card.

1-Can a person issued a green card(sponsored by the wife) revert back to any other status,especialy J1 or H1b.For example a Doctor who seek a residency sponsoring j1 or h1b visa.

2-If the sponsor wants to cancel the green card,how long will it take before this comes into affect.

My questions may be vague but i welcome to throw more light on it,if someone is willing to answer them.Thankyou!

 

[baikal3]

Hi,

First of all,i want to thank this forum for answering many of my questions.
I will be very thankful if someone can answer a couple of my questions about Green Card.

1-Can a person issued a green card(sponsored by the wife) revert back to any other status,especialy J1 or H1b.For example a Doctor who seek a residency sponsoring j1 or h1b visa.

2-If the sponsor wants to cancel the green card,how long will it take before this comes into affect.

My questions may be vague but i welcome to throw more light on it,if someone is willing to answer them.Thankyou!

1. I believe that the answer to your first question is "No".
If the green card is revoked, you have to leave the country first and then try to apply for a nonimmigrant visa from abroad.


It will be very hard to get a J1 visa in that case since a J1 visa assumes "nonimmigrant intent", that will be hard to prove for someone who had a green card in the past. An H1 visa has a dual immigrant/nonimmigrant intent, so it would be a viable option.



2. The sponsor cannot "cancel" the green card. If the sponsor alleges that there was fraud involved in obtaining a green card, they may make a complaint to USCIS. The USCIS will decide whether or not to initiate investigation and ultimately pursue a green card revokation.
There is no way to tell how long something like that wil take.


If you still have a conditional green card based on a marriage to a U.S. citizen, that is a somewhat different matter.
At the end of the conditional permanent residence period the sponsoring spouse and the conditional green card holder have to file a form requesting for the conditions to be removed. If this form is not filed on time (e.g. if the sponsoring U.S. citizen spouse refuses to sign this form), then the conditional green card holder eventually loses their LPR status. I don't know much about this process, so if this situation applies to you, you'd be well advised to talk to a lawer.

Also, a GC holder can leave the U.S. and, once abroad, file a form relinquishing their permanent resident status. After that they can apply for a non-immigrant visa (see discussion above).

 

[pianoplayer]

1. I believe that the answer to your first question is "No".
If the green card is revoked, you have to leave the country first and then try to apply for a nonimmigrant visa from abroad.


It will be very hard to get a J1 visa in that case since a J1 visa assumes "nonimmigrant intent", that will be hard to prove for someone who had a green card in the past. An H1 visa has a dual immigrant/nonimmigrant intent, so it would be a viable option.



2. The sponsor cannot "cancel" the green card. If the sponsor alleges that there was fraud involved in obtaining a green card, they may make a complaint to USCIS. The USCIS will decide whether or not to initiate investigation and ultimately pursue a green card revokation.
There is no way to tell how long something like that wil take.


If you still have a conditional green card based on a marriage to a U.S. citizen, that is a somewhat different matter.
At the end of the conditional permanent residence period the sponsoring spouse and the conditional green card holder have to file a form requesting for the conditions to be removed. If this form is not filed on time (e.g. if the sponsoring U.S. citizen spouse refuses to sign this form), then the conditional green card holder eventually loses their LPR status. I don't know much about this process, so if this situation applies to you, you'd be well advised to talk to a lawer.

Also, a GC holder can leave the U.S. and, once abroad, file a form relinquishing their permanent resident status. After that they can apply for a non-immigrant visa (see discussion above).

Hi:

In the case of a conditional resident, the conditional resident may divorce the US citizen and file I751 separately IMMEDIATELY when the divorce becomes final. The conditional resident must prove that the marriage was entered into in good faith. The conditional resident is NOT without options if the USC refuses to sign the I751.