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Greencard / Immigration News / RECENT Q&A

As a green card holder, Can I re-enter the US again after 10 years later

Question

As a green card holder, I travelled to my home country for visitation and upon my return to the US, I suffered a stroke which has kept me in my home country for 10 year. How can I re-enter the US again?

Answer

Your question logic is flawed, hence I am assuming this is either a hypothetical case or you are fibbing.

You said upon returning to the US you suffered a stroke. Then your incapacitated time must have been in the US and it should have no effect on your green card. US residents have a right to get sick, seriously sick.

Assuming you had your stroke at home, unless you were in a 10 years long coma and just came out of it, why didn’t you ask someone to contact the local consulate and arrange a returning resident permit for you ? Again unless you were out of conscience for such a long period of time, there is no excuse to not contacting US authorities and inquire about your unusual situation. And if you were really incapacitated for so long, you should have papers from not one but many doctors and and hospitals, showing the details of care you received and why you received such care. Use those when you apply for a returning resident permit.

But, a big BUT, as someone from the other side of the planet myself, I know how the minds of people work. You totally disregarded the requirements and now, the things in the home country is not going good and you want to seek refuge in the US. What could be more convenient than a debilitating ailment ? Especially if you have a doctor friend or family member who can give you a piece of paper stating you had a stroke. But believe me, after that long absence from the US, you will not be let off the hook that easy by a piece of paper from a hospital or a doctor. You will have to prove that you really had no chance in the past 10 years to contact the consulate and inform them what happened to you. Can you do that ? If so, do it. Otherwise, you are back to square one.

Immigration News / Q&A / tn visa

TN visa after almost getting a green card

Will it be more difficult to be approved for a TN visa after almost getting a green card previously?

I’m a Canadian software engineer who previously lived in the US on an L1B, and was let go from that job during the Adjustment of Status step of my employment-based green process. I returned to Canada to meet the 60 day grace period requirement at that time, and to continue my working life.

Since applying for a green card is indicative of “intent” to immigrate, would a potential TN visa application with another employer be more difficult to get approved in the future than if I never applied for a green card previously? (since TN is not a “dual intent” category)

Answer

You are correct. Since the TN is a “single intent” status, your applying for a green card could result in your TN being denied.

Applying for a green card could result in your TN being denied. Although, it makes no sense you departed the US if AOS was pending.

Q&A

Can the spouse of an E-2 Investor visa holder receive a green card?

Can I apply for a green card with an E-2 Investor visa?

Answer:

The main investor of the E-2 Investor visa cannot apply for a green card in the U.S. However, an E-2 employee visa holder can apply for one. Thus, it becomes limiting for the family of the investor to apply for residency using an E-2 employee visa, which means it becomes limiting for the wife who has an E-2 employee visa to apply for a green card if her husband is the chief executive officer.

Nonetheless, the spouse of an E-2 visa holder can proceed with employment-based immigration through a different company or applying through a different company’s E-2 employee visa.