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Hello
So currently, me and my parents have our green card in process.
Me and my mother are living in the U.S now and my father had to move back to Korea last October for his job.
However, he has to return to the U.S in order to re-do the medical test.
He still has an E-2 visa that he can use but he also has the permission to travel form.
Here are the questions:
1. I heard from an immigration lawyer's website that if you use the visa (E-2) while your green card is in process, the green card gets automatically cancelled. Is that true?
2. Also, I heard that if you use the permission to travel form for I-485, your visa gets cancelled and you become an illegal immigrant. Is that true?
3. My lawyer, however, said that my father should use the E-2 since it is still available and the green card process does not cancel because he used the E-2. Which lawyer should I believe?
4. So, which one should he use? What would be the smartest choice?
I'm really concerned because I want to risk neither being an illegal resident nor getting our green card cancelled. Especially since we are actually planning to reside permanently.
So currently, me and my parents have our green card in process.
Me and my mother are living in the U.S now and my father had to move back to Korea last October for his job.
However, he has to return to the U.S in order to re-do the medical test.
He still has an E-2 visa that he can use but he also has the permission to travel form.
Here are the questions:
1. I heard from an immigration lawyer's website that if you use the visa (E-2) while your green card is in process, the green card gets automatically cancelled. Is that true?
2. Also, I heard that if you use the permission to travel form for I-485, your visa gets cancelled and you become an illegal immigrant. Is that true?
3. My lawyer, however, said that my father should use the E-2 since it is still available and the green card process does not cancel because he used the E-2. Which lawyer should I believe?
4. So, which one should he use? What would be the smartest choice?
I'm really concerned because I want to risk neither being an illegal resident nor getting our green card cancelled. Especially since we are actually planning to reside permanently.
