Legal Question in Immigration Law in District of Columbia
While Waiting for my Green Card
My US citizen husband has just petitioned for me to become a permanent resident (Greencard holder). Currently I have A-3 visa and I am in the USA.
I am going on vacation (out of USA) and I will need to re-new my A-3 visa in order to return to work. I have done this before and it is very easy at the embassy as long as one has the right documentation.
My question is if my petition for Greencard is still pending, is it legally OK to exit the country and/or apply for A-3 visa.
I want to be certain that I am not breaking any law here by renewing my A-3 while I am waiting for my green card.
I want to travel this month and INS will probably finalize my greencard in about 4 months from today. Please advise.
1 Answer from Attorneys
Re: While Waiting for my Green Card
You can certainly leave the country even though your permanent resident status(green card)is still pending but you will need to renew your A-3 visa in order to get back into the country and also you will need to make sure that your I-94(arrival/departure record) is up to date.