Initial Immigration Visa Issued - Exit & Re-entry after initial arrival?

[ssiddiqui]

Hello all,

My wife was just issued an immigration visa which expires in December. She is currently in her last year of dental school which ends in January (odd schedule). Our request to extend the Immigration Visa duration was denied during the interview. We had initially intended to reschedule the interview to line up the issuance of the Visa with the ending of her school, but we were advised by both our families (everyone becomes an expert suddenly) to not delay the interview or we will be waiting "forever". Unfortunately we are at this point now where the Visa has been issued but she still has her classes and are looking at the best possible course of action to take. I now know it would have been best to request a new interview date, but that point has passed now, no point in crying over spilt milk...

I would like to know whether it is possible to have her immigrate to the U.S. immediately, apply for green card, and have her return to her home country to continue schooling and return once more to the US when she has finished? She would end up having to take ~month leave from school to come to the US, and hopefully return to Pakistan to continue education for ~4-5 months. I am not sure how soon she will receive the green card, but she will be potentially be traveling without the green card on the initial stamp?

I hope I am explaining the situation well enough, Is this plan a feasible option or is there another potential solution?

Thanks in advance,

Safi

[inadmissible]

Hi Safi

What you propose is in fact quite do-able.

So she would travel on her immigrant visa expiring in December. Upon admission to the United States, her visa will be endorsed for a further one year from date of entry. She will then leave the United States, and her green card will be mailed to her US address, where perhaps her relatives can collect the card and send it to her in Pakistan via courier. Even if she does not have her physical green card, she can use the endorsed immigrant visa to return to the United States after January. She can get a travel letter from the US consulate in Pakistan to help her get on an airplane, as some airline employees are too dense to understand the "UPON ENDORSEMENT..." text on her visa sticker

A trip abroad to attend school is considered temporary, and she will prevail if challenged by Customs and Border Patrol that she had abandoned her permanent residency.

If her trip is less than 6 months, she would not break the continuous residency requirement for her eventual application for naturalization as a US citizen.

[ssiddiqui]

Thank You very much! Appreciate the help.

-Safi