Is a 10-year multiple US visit visa valid after obtaining a Green Card / permanent residence visa?
- By
- Aparna Patel
- |
- 19 Jul, 2023
- |
No she cannot. By acquiring permanent residency, you display immigration intent.
Under U.S. immigration law, if a foreign national applies for a non-immigrant visa or for admission to the United States as a non-immigrant, the application often can only be approved if the individual can demonstrate a lack of immigrant intent.
Immigrant intent automatically cancels your eligibility for a non immigrant visa (except for H visas etc) which allow dual intent. Thus your visa is rendered void for all intents and purposes.
She will have to apply for a new non-immigrant visa, and demonstrate to consular that she no longer has immigrant intent. Don’t take the chance of her trying to come back on the visa, she is almost certain to get denied entry especially in this climate.
Alternatively what you can do is apply for a Returning Resident Visa if the plan is for her to get back her permanent residence status.
Overview – About Returning Resident Visas
A permanent resident who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control.
Credit:stackoverflow.com‘
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