Will abandoning my green card invalidate my O-1 and B-1?
Asked on Mar 08th, 2015 on Immigration - New Jersey
More details to this question:
I have a valid B1/B2 visa, then I had E-2 approved and later O-1 approved. Neither has been canceled to my knowledge and are still valid looking at the dates. I'm now on EB-1 green card as a LPR in US. If I ever decide to abandon my Green Card, can I still re-enter on O-1 or B (provided they are still valid at that time and the purpose of stay is within the law for those visas) or were those visas automatically invalidated once I acquired the EB-1 and I can never enter US on them again? Thanks.
Probably not automatically because you will be seen as having had immigrant intent by getting the green card. You will have to really prove that you have no immigrant intent to be able to come to the US in a purely nonimmigrant status.
Once someone adjusts status to become a Lawful Permanent Resident, prior nonimmigrant visas held by that person become terminated. If you intend to leave the United States for a substantial amount of time, depending upon all of the circumstances there may be steps you can take to preserve your Permanent Resident status despite the long absence. It would be wise to consult with an immigration attorney who, upon learning all of the relevant facts, will be able to advise you about maintaining Permanent Resident status and also about being able to apply anew for nonimmigrant visas in the event you do abandon your current status. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
In general we highly recommend to a clients that they not relinquish their green cards unless there are very very special circumstances that require such a measure. Once you everything question green card if you go back to the consulate seeking anonymous green fees of the issue that you will have to overcome deals with your nonimmigrant intent. The 01 visa is a dual intent visa so it will be easier for you to demonstrate nonimmigrant intent. The B1 visa is a pure nonimmigrant visa and therefore in order to use it you would have to prove that you intend to leave the US after your temporary stay. Proving nonimmigrant intent is done in a variety of ways and with various types of evidence which we would be more than happy to describe to you. If you require additional information please feel free to contact our office. We assist our clients with these types of issues on a routine basis.
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