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MrWheezy

EB-1 Visa and Family Member Changing Mind

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One of my parents have applied for a EB-1 visa (EA) and have been approved. We had our interview, were granted visas, and now have our green cards in hand.

Only problem is that because my grandparents have become ill, my parents wish to return to the country to take care of said grandparents. The problem is that it has been less than one year since we got our green cards. If my parents were to lose or abandon their GC to stay in the country, will it jeopardize my current standing as a LPR? The real problem is that I'm currently a college student and having to leave if my GC becomes invalidated would seriously disrupt my studies. The lawyer that my parents petitioned said that since I am 19 years old, I will lose the GC if my sponsors also give up their GC.

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One of my parents have applied for a EB-1 visa (EA) and have been approved. We had our interview, were granted visas, and now have our green cards in hand.

Only problem is that because my grandparents have become ill, my parents wish to return to the country to take care of said grandparents. The problem is that it has been less than one year since we got our green cards. If my parents were to lose or abandon their GC to stay in the country, will it jeopardize my current standing as a LPR? The real problem is that I'm currently a college student and having to leave if my GC becomes invalidated would seriously disrupt my studies. The lawyer that my parents petitioned said that since I am 19 years old, I will lose the GC if my sponsors also give up their GC.

hi,

I can't imagine why, you have your own GC, and they should get a reentry permit before they leave. that permit would allow them to stay abroad up to 2 years without loosing their residency. have therm file the i131 reentry permit.

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Thank you for the quick reply!

They are thinking of going that route but in the case if they can't, they are afraid that immigration officials might revoke my green card since my parents are the ones that have sponsored me. Unfortunately, it does look a little sketchy if both my parents and my little sister leaves and abandons their GC while I continue to stay in the States.

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hi,

I can't imagine why, you have your own GC, and they should get a reentry permit before they leave. that permit would allow them to stay abroad up to 2 years without loosing their residency. have therm file the i131 reentry permit.

Isn't his GC based on the parents EB-1, if they don't have a job, then the EB-1 is invalid. This should makes the dependents GC invalid.

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Isn't his GC based on the parents EB-1, if they don't have a job, then the EB-1 is invalid. This should makes the dependents GC invalid.

Yes my green card is based on their EB-1EA but they never needed proof of employment to apply for the visa.

The question is when do I become independent to the point where I get to keep my green card if they abandon it?

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Yes my green card is based on their EB-1EA but they never needed proof of employment to apply for the visa.

The question is when do I become independent to the point where I get to keep my green card if they abandon it?

Correction their EB-1 is based on one of these requirements.

Who is eligible?

· Certain multinational executives and managers

· Outstanding professors and researchers

· Those who have extraordinary ability in the sciences, arts, education, business or athletics

If they are no longer working in the US, then they will have abandoned their GC for their EB-1 visa. So once they have abandoned their GC, you will also lose your GC privileges.

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Correction their EB-1 is based on one of these requirements.

Who is eligible?

· Certain multinational executives and managers

· Outstanding professors and researchers

· Those who have extraordinary ability in the sciences, arts, education, business or athletics

If they are no longer working in the US, then they will have abandoned their GC for their EB-1 visa. So once they have abandoned their GC, you will also lose your GC privileges.

AN EB-1 is an Employment-Based Immigration: First Preference EB-1

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AN EB-1 is an Employment-Based Immigration: First Preference EB-1

This does sound a bit troubling but based on the thread on this forum

http://forums.immigration.com/showthread.php?318930-Children-s-under-21-GC-is-dependent-on-parents-If-parents-lost-theirs-will-they-lose-GC-as-well

It seems that once the family receives their green card, their green card or permanent residency remains independent of that of the sponsor. Please correct me if I'm wrong. I'm having troubling finding any information about this anywhere ><

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This does sound a bit troubling but based on the thread on this forum

http://forums.immigration.com/showthread.php?318930-Children-s-under-21-GC-is-dependent-on-parents-If-parents-lost-theirs-will-they-lose-GC-as-well

It seems that once the family receives their green card, their green card or permanent residency remains independent of that of the sponsor. Please correct me if I'm wrong. I'm having troubling finding any information about this anywhere ><

Your GC is not based on a family base GC, it was based on your sponsor employment.

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Seems a lot of confusion.

You have your own GC, they are not connected with those of your parents. That you obtained it through your Parents is just history.

If they leave then that is there issue, nothing to do with your status.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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