Your Visa Status When Applying for a Green Card
Applying to adjust one’s status in the United States to a Permanent Resident is an exciting experience. The question often arises, “Should I still keep my non-immigrant visa current since I have my employment authorization (EAD), and I’ll soon be a Permanent Resident”? The answer is yes.
There are 3 important reasons why, despite applying for adjustment of status to a Permanent Resident, a non-immigrant visa holder should always maintain his or her visa until the Green Card application is approved. The reasons explained below specifically apply to individuals holding L-1A, L-1B, H-1B F-1/OPT status.
First, an ‘application to apply for Permanent Status’ is just that, an application. Therefore, maintaining valid status will give a non-citizen back-up status in the event the permanent resident application is not approved or complications arise. Further, to remain in the United States while processing an I-485 Green card usually requires the underlying non-immigrant visa remain valid. Avoiding unlawful presence, even retroactively, in the United States should always be the number one concern for any applicant. The assurance that one’s L, H or F-1 student visa remains intact gives peace of mind that your status is safe even in the event of application denial.
The second reason to always be in a valid non-immigrant status, is that a work permit/EAD card does not convey status. Once an I-485 Green Card application is filed you are eligible for work authorization by filing an I-765 application concurrently. However, that is the only function of a work permit. In contrast, an H-1B, L or F-1 (OPT/CPT) actually grants status, plus the ability to work in the United States.
The final reason to maintain one’s non-immigrant visa while adjusting, is for ‘ease of travel’. Please note, this benefit only applies to individuals holding H-1B and L visa status. Once an I-485 adjustment of status application is filed on an individual’s behalf, if he or she leaves the country, the permanent resident application is deemed abandoned by U.S.Citizenship & Immigration Services (“USCIS”), and the I-485 is denied. However, if one holds the visa categories discussed above, you are free to travel without worry. The non-immigrant visa grants travel permission without having to apply for special permission from USCIS called ‘advanced parole’. 8 CFR 245.2(a)(4)(ii)(C). The overall benefits of maintaining one’s status despite sponsorship by a U.S. Employer or marriage to a U.S. citizen far outweighs any financial inconvenience in letting go of one’s independent work visa while awaiting the adjudication of permanent residency. It is important to have an Immigration attorney represent you in navigating this tricky area of the law.
We have successfully processed these U.S. immigration matters for over 25 years. To schedule a consultation, you may email us at info@becapitallaw.com or call / text (703)966-0907. B&E Capital – Vassell Law Group,PC | http://www.vasselllaw.com | http://www.becapitallaw.com | Members of the American Immigration Lawyers Association for over 20 years.