Legal status of unendorsed E21 immigrant visa holder

[WaiverFinder 13]

Hi,

 

I recently received my E21 visa foil, (outside of US), through consular processing. Currently, I'm living outside of U.S.. I understand that once I enter the U.S. (and before the visa expires), I will become a U.S. Lawful Permanent Resident (LPR).

 

What is my legal status before entering the U.S., but whilst holding the U.S. immigrant visa?

 

Do I become LPR upon endorsement of the visa foil, or when I have received the visa?

 

The reason that I'm asking is that, various prospective employers are asking me if I'm an LPR, and what my legal status is.

 

Thanks

Edited October 12, 2022 by WaiverFinder

[SalishSea 17,745]

2 minutes ago, WaiverFinder said:

Hi,

 

I recently received my E21 visa foil, (outside of US), through consular processing. Currently, I'm living outside of U.S.. I understand that once I enter the U.S. (and before the visa expires), I will become a U.S. Lawful Permanent Resident (LPR).

 

What is my legal status before entering the U.S., but whilst holding the U.S. immigrant visa?

 

Do I become LPR upon endorsement of the visa foil, or when I have received the visa?

 

The reason that I'm asking, is that various prospective employers are asking me if I'm an LPR, and what my legal status is.

 

Thanks

You don't hold any status until you arrive in the US.  When you receive the I-551 stamp in your passport, that serves as the green card for up to one year until you receive the physical card.

Edited October 12, 2022 by Jorgedig

[Dashinka 24,372]

If you are looking at employers in the US, as @Jorgedig mentioned, you have no status currently, but you would be an LPR when you enter the US, so I would say you can say you would be an LPR for purposes of employment in the US.  Hopefully that makes sense, but you could further clarify it to a prospective employer at an interview if you haven't yet entered the US.

 

Good Luck!

[Mike E 11,739]

56 minutes ago, WaiverFinder said:

 

 

What is my legal status before entering the U.S.,

your status is null

56 minutes ago, WaiverFinder said:

 

but whilst holding the U.S. immigrant visa?

still null 

56 minutes ago, WaiverFinder said:

 

Do I become LPR upon endorsement of the visa foil, or when I have received the visa?

yes 

56 minutes ago, WaiverFinder said:

 

The reason that I'm asking is that, various prospective employers are asking me if I'm an LPR, and what my legal status is.

 

Thanks

Those questions are likely illegal. Refer them to:

 

https://www.justice.gov/sites/default/file

 

Which says these are two of the permitted questions:

1. “Are you legally authorized to work in the United States?”

 

2. “Will you now or in the future require sponsorship for employment visa status (e.g., H-1B visa status)?”

 

Then tell the employer that your answer to 1 today is “no”, but it will be “yes” by the time you move to U.S. 

 

And of course the answer to 2 is “no”

 

If they press for with additional questions, report  them to https://osc.gov

 

 

 

[Chancy 6,241]

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