Valid Green Card but entered on B1 Visa

P

Prasad B

New Member
Hi,

A friend has a valid Green Card and also a B1 visa. He took a B1 visa as he left the US 7 years ago for personal emergency and took a job in India. Recently he entered the US on a B1 visa and took a job in the US showing his US green card. He has entered US twice in the past year on B1 visa. As he did not enter the US on a Green card are there any legal implications. Green card expires in Jan 2019.

thanks
Prasad
 
Prasad B said:
Hi,

A friend has a valid Green Card and also a B1 visa. He took a B1 visa as he left the US 7 years ago for personal emergency and took a job in India. Recently he entered the US on a B1 visa and took a job in the US showing his US green card. He has entered US twice in the past year on B1 visa. As he did not enter the US on a Green card are there any legal implications. Green card expires in Jan 2019.

thanks
Prasad
Click to expand...

once a Green Card holder left the USA for more than 1 year without any re-entry permit, the Green Card is no longer valid to travel/entering the USA. And so does the permanent residence status.

This means the person is entering the USA based on his B1 visa - and working - which means he is working illegally. Once USCIS discover his status, he might be deported and banned from entering the USA.
 
abumiqdad said:
once a Green Card holder left the USA for more than 1 year without any re-entry permit, the Green Card is no longer valid to travel/entering the USA. And so does the permanent residence status.

This means the person is entering the USA based on his B1 visa - and working - which means he is working illegally. Once USCIS discover his status, he might be deported and banned from entering the USA.
Click to expand...

The first paragraph is correct, in addition the fact of entering on a tourist visa is tantamount to abandoning residency even if it hadn’t already been abandoned through excessive time away from the US. Furthermore it sounds like he applied for the B1 after he had left the US on his green card which shows he absolutely knew that his green card was no longer valid to enter on. There is absolutely no doubt that he is working illegally and violating immigration law, and a reasonable assumption is that he is aware of this or why else would he have used his B1 to enter?

Not sure even a lawyer can help here tbh.

I am amazed however, both that he got the B1 in the first place and that CBP hasn’t picked up what’s going on if he has been in and out on this visa recently. I’m assuming he legally declared all previous immigration statuses on his B1 application.
 
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