Is a 10-year multiple US visit visa valid after obtaining a Green Card / permanent residence visa?
My mother obtained a US 10-year multiple visit visa from India. During her stay with us, we applied for a Green Card / permanent residence for her and she was approved. She lived with us for about 2 years and went in and out of the US 3 times. She had to leave the US due to medical issues, as she had no insurance and she has been in India for the past 2 years. I assume her Green Card / Permanent Residence Card has expired.
My question is whether the 10-year multiple visit visa issued to her prior to getting a Green Card is still valid. Can she come on her visitor visa to visit us in the USA for like 4 months?
Best Answer
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.
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How often do you need to visit the US to keep your green card?
An absence of six to 12 months triggers heightened USCIS scrutiny, and an absence of more than 12 months leads to a \u201crebuttable presumption\u201d that LPR status has been abandoned. If you intend to stay abroad for more than six months, be prepared to show proof that you plan to live in the United States permanently.Is my 10 year U.S. visa still valid?
Travelers with this visa are not entitled to remain in the US for the full 10 years, but rather may enter the country multiple times within a certain period of time. That time period is determined by the date stamped onto your passport at the port of entry. Typically, it is for 6 months.What is 10 year multiple entry visa USA?
A 10-year multiple entry visa means you can go to the US anytime within the next 10 years. For each visit, your actual stay will be determined by the date stamped in your passport at the port of entry. It is usually for 6 months. You can extend your stay up to another 6 months.How many times can you enter the US on a B1 B2 visa?
If you have a B1/B2 visa, you can visit the United States whenever you want to \u2013 as long as your passport is valid. The B visa is a multiple entry visa, which means you can use it to enter the United States more than once.USA B1-B2 Visa || USA 10 Year Multiple Entry Visa || How To Apply || Who is Eligible to Apply ||2022
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