Legal Question in Immigration Law in United States

I have an o1 visa and I have been married to an American for over two years. I would like to apply for the green card through the consular processing. While I do that, can I keep traveling in and out of the USA on my visa (I travel a lot for work)?

Asked on 9/09/16, 7:08 pm

1 Answer from Attorneys

Eric Fisher Law Office of Eric A. Fisher. LLC

Normally you must maintain your permanent residency abroad to keep in non immigrant ("NIV") status,

If your USC spouse files an immigrant visa petition for you as the first step in the "green card" process, that should not invalidate your NIV status.

But be prepared for secondary questioning by US border officers to insure you are maintaining the foreign permanent residency until the visa petition is approved and you start the immigrant visa process with the US Dept. of State.

A more definite answer can be obtained if more information is available, so make an appointment to speak with an immigration attorney.

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Answered on 9/10/16, 9:30 am

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