Takeshi Furuyashiki

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.

Supernav

Honestly...your only option probably is waiting til u become a USC in 4
years, then sponsoring her. Sucks, but at least she has an option in 4
years and won't be an illegal forever.



-= nav =-

Michael E. Piston

Although you can file an I-140 if you are already a permanent
resident, you are not eligible to apply for adjustment of status
because of Section 245(c)(7) of the Immigration and Nationality Act,
which prohibits adjustment of status by:

"any alien who seeks adjustment of status to that of an immigrant
under section 203(b) and is not in a lawful nonimmigrant status;"

Section 203(b) refers to all employment based preference categories,
including EB-1. Of course being a permanent resident is not a lawful
NONIMMIGRANT status.

Therefore, you can file an EB-1 I-140 for yourself and, if it is
approved, you and your wife can go to a consulate and apply there for
an immigrant visa. The Department of State has said clearly that it
will issue immigrant visas for persons who are already permanent
residents. So that way your wife will be able to immigrate with you
while you re-immigrate.

Of course, that does not resolve the issue of how to keep your wife in
a lawful status until the I-140 is approved and you and she are
scheduled for an interview. I suggest that she look carefully at
extending her current classification or finding another one, such as
F-1, to change to.

Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 206/770-6350

The statements above have not been confirmed by legal research, and
are not intended as legal advice nor to create an attorney-client
relationship. SEND ANY FOLLOW-UP QUESTIONS DIRECTLY TO
. DO NOT POST FOLLOW-UPS TO THE NEWSGROUP.

Takeshi Furuyashiki <> wrote in message news:<brb5it$n3n$>...
    > 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.

Ingo Pakleppa - See Web Site For Email

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.

Alexander Rabinowitz

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.

Ingo Pakleppa - See Web Site For Email

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.

Alexander Rabinowitz

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.

Kiritpatel

    :shocked: Ok, ive never heard of this before. Could I use this to get
my wife here to the states. Heres my situation:
-Received my green card on April 2000.
-Customary marriage on 3/3/02, official marriage on 12/01/03.
-Wife cant get a vis. visa and so cant come to the US, has 3
application received stamps on passport over the last 1.5 years. (same
as denial )
-I have a BS in computer science and should receive a MS in a little
under a year.

So could I apply for an extraordinary ability
visa/h1b-visa/student-visa and then try to get my wife here through
the equivalent spousal visa???

Thanks for any and all info,(anyother ideas would be appreciated too.)
kirit patel

(Alexander Rabinowitz) wrote in message news:<>...
    > 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

Yes, indeed you should be able to do this. Of course, given processing
times, my guess is that by the time you are eligible for an immigrant
visa, you would also be eligible for citizenship, and could then get her a
spousal visa that way. This would be particularly beneficial if you
already filed an I-130 for her.

On Tue, 30 Dec 2003 12:58:46 -0800, KiritPatel wrote:

    > :shocked: Ok, ive never heard of this before. Could I use this to get my
    > wife here to the states. Heres my situation: -Received my green card on
    > April 2000. -Customary marriage on 3/3/02, official marriage on
    > 12/01/03. -Wife cant get a vis. visa and so cant come to the US, has 3
    > application received stamps on passport over the last 1.5 years. (same
    > as denial )
    > -I have a BS in computer science and should receive a MS in a little
    > under a year.
    >
    > So could I apply for an extraordinary ability visa/h1b-visa/student-visa
    > and then try to get my wife here through the equivalent spousal visa???
    >
    > Thanks for any and all info,(anyother ideas would be appreciated too.)
    > kirit patel
    >
    > (Alexander Rabinowitz) wrote in message
    > news:<>...
    >> 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.