Which visa can a person with a green card petition that will be denied soon switch to

[sandiego2020 0]

Hello!

My buddie has a family based green card application that notified him he will be denied. Which visas can he apply for if he doesn't want to accrue unlawful status? Can he go to school? F1?

 

Or has to be H1b or L1? E2?

 

thank you.

[Mike E 11,739]

14 minutes ago, sandiego2020 said:

Hello!

My buddie has a family based green card application that notified him he will be denied.

 

Why is he being denied?

 

Quote

Which visas can he apply for if he doesn't want to accrue unlawful status? Can he go to school? F1?

 

Or has to be H1b or L1? E2?

 

thank you.

I don’t know of any visas which can be obtained from inside the USA. 
 

So assuming he does not want to or is not allowed to re-file I-485, he will have to leave the USA to apply for those visas. 

Edited August 5, 2021 by Mike E

[Crazy Cat 41,888]

24 minutes ago, sandiego2020 said:

Hello!

My buddie has a family based green card application that notified him he will be denied. Which visas can he apply for if he doesn't want to accrue unlawful status? Can he go to school? F1?

 

Or has to be H1b or L1? E2?

 

thank you.

Ask you buddy to join us here.  

[arken 4,197]

2 hours ago, sandiego2020 said:

Hello!

My buddie has a family based green card application that notified him he will be denied. Which visas can he apply for if he doesn't want to accrue unlawful status? Can he go to school? F1?

 

Or has to be H1b or L1? E2?

 

thank you.

It depends what his current status is.

Edited August 5, 2021 by arken

[Demise 1,289]

On 8/5/2021 at 2:02 PM, sandiego2020 said:

Hello!

My buddie has a family based green card application that notified him he will be denied. Which visas can he apply for if he doesn't want to accrue unlawful status? Can he go to school? F1?

 

Or has to be H1b or L1? E2?

 

thank you.

Well here's the thing:

If I-485 is denied he'll fall back onto whatever status he is currently in. So if he's in F-1, he'll stay an F-1, if he's an E-2 he'll stay an E-2, and so on and so forth. If his non-immigrant status expired there's nothing to fall back into and he'll be out of status.

 

Change of status requires you to be in lawful status to seek a change. Any aside C, D, TWOV, Visa Waiver, or K can seek to change their status to another one. There is however the problem where he's demonstrated that he's got immigrant intent by trying to AOS previously, so anything other than a dual intent visa (where having immigrant intent is allowed - H-1B, L-1, O-1, and derivatives thereof) will be a tough sell.

[SusieQQQ 11,586]

On 8/6/2021 at 7:50 PM, Demise said:

Well here's the thing:

If I-485 is denied he'll fall back onto whatever status he is currently in. So if he's in F-1, he'll stay an F-1, if he's an E-2 he'll stay an E-2, and so on and so forth. If his non-immigrant status expired there's nothing to fall back into and he'll be out of status.

 

Change of status requires you to be in lawful status to seek a change. Any aside C, D, TWOV, Visa Waiver, or K can seek to change their status to another one. There is however the problem where he's demonstrated that he's got immigrant intent by trying to AOS previously, so anything other than a dual intent visa (where having immigrant intent is allowed - H-1B, L-1, O-1, and derivatives thereof) will be a tough sell.

Great summary