http://foia.state.gov/masterdocs/09FAM/0942073N.PDF
9 FAM 42.73 N2 Issuing Immigrant Visa to LPR (TL:VISA-333; 11-15-2001)
INS and the Department have agreed that a lawful permanent resident
alien is entitled to apply for and, if qualified, may be issued an
immigrant visa in any other visa classification. For example, an
immigrant who is admitted as a conditional immigrant may at some
future date qualify for a visa in an employment-based category and
thus be admitted in a non-conditional status. The consular officer
shall not require the alien to relinquish Form I-551 Permanent
Resident Card, as a condition for issuance of another immigrant visa.
Ingo Pakleppa - see web site for email <> wrote in message news:<>...
> Do you by any chance have a cite? This is interesting new information, and
> I'd like to update my Web site.
>
> Thanks!
>
> Ingo
>
> On Sun, 28 Dec 2003 07:33:45 -0800, Alexander Rabinowitz wrote:
>
> > Surrendering your GC is not required. You get an immigrant visa, keep
> > your current GC, enter US on both (your spouse and your and her children
> > will be able to use your new classification), keep all your years of
> > previous permanent residency and physical presence for naturalization
> > purposes.
> >
> > Ingo Pakleppa - see web site for email <> wrote in message
> > news:<>...
> >> First off, when did you get married? If the wedding was before you got
> >> the GC, she may still be able to get a Green Card based on your own at
> >> a US consulate abroad (this is called a follow-to-join case).
> >> Otherwise:
> >>
> >> What you propose seems to be a more-or-less frequently used strategy,
> >> but there are some things to keep in mind:
> >>
> >> - your wife's status already expired. That makes her (most likely)
> >> ineligible to change or extend her status, or adjust status. She should
> >> leave the USA immediately before she would be subject to any bars. She
> >> would apply for a visa at a consulate before returning to the USA.
> >>
> >> - you can indeed file an I-140. Request consular processing. As Mr.
> >> Piston pointed out, you can't adjust status. You would contact the
> >> consulate, surrender your Green Card and apply for an immigrant visa
> >> the same day (you, or better your lawyer, should contact the consulate
> >> in advance to make sure there won't be a snag).
> >>
> >> On Thu, 11 Dec 2003 17:27:57 -0800, Takeshi Furuyashiki wrote:
> >>
> >> > Hello, U.S. immigration experts! Here's a crazy question for you!
> >> >
> >> > I already have a "green card" (got it less than a year ago), but my
> >> > wife does not, and her legal status in the U.S. has run out a few
> >> > weeks ago. I want to get her a "green card", or at least find a legal
> >> > way to keep my wife in the United States indefinitely with the
> >> > ability to work and travel. So, here's the crazy question:
> >> >
> >> > * Can I file an I-140 - say, in the EB1.1 (Extraordinary Ability)
> >> > category, for which, I think, I qualify - even though I am already an
> >> > LPR? (That is, without giving up my LPR status.)
> >> >
> >> > * Furthermore, can I file an I-485 for my wife concurrently with that
> >> > I-140? Would I have to file I-485 for myself as well?
> >> >
> >> > Keshi
> >> >
> >> > P.S. If you could suggest an alternative way to keep my wife in the
> >> > United States for five or so years, please let me know (she is not
> >> > gonna be able to get an H-1B for herself) - but it is primarily the
> >> > first question that I would like to hear opinions on.
> >>
> >> --
> >> Remember, I am strictly a layperson without any legal training. I
> >> encourage everybody to seek competent legal counsel rather than relying
> >> on usenet newsgroups.
> >>
> >> Please support H.R. 539, H.R. 832 and S. 1510. More information at
> >> http://www.kkeane.com/lobbyspousal-faq.shtml
> >>
> >> Please visit my new FAQ at http://www.kkeane.com (always under
> >> construction)
> >>
> >> My email address in usenet posts is now invalid for spam protection.
> >> See my Web site for information on how to contact me.
> >>
> >> Please feel free to enjoy some of my photographs at my Web site
> >> http://www.ingopakleppa.com ! Comments are welcome.
>
> --
> Remember, I am strictly a layperson without any legal training. I encourage
> everybody to seek competent legal counsel rather than relying on usenet
> newsgroups.
>
> Please support H.R. 539, H.R. 832 and S. 1510. More information at
> http://www.kkeane.com/lobbyspousal-faq.shtml
>
> Please visit my new FAQ at http://www.kkeane.com (always under construction)
>
> My email address in usenet posts is now invalid for spam protection. See
> my Web site for information on how to contact me.
>
> Please feel free to enjoy some of my photographs at my Web site
> http://www.ingopakleppa.com ! Comments are welcome.