Asked in Immigration Law for New York

Q: Can a US permanent resident obtain a O-1 non-immigrant visa?

I'm French citizen living in the US as a permanent resident. I would like to avoid becoming a long-term resident as I don't intend to stay in the US forever. Is it possbile to obtain a O-1 non-immigrant visa instead?

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2 Lawyer Answers
Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: As an immigrant to the U.S. holding a permanent resident status, you are not eligible to obtain a non- immigrant visa such as the O-1.

You must no longer be a U.S. lawful resident in order to qualify for a non- immigrant status or visa.

Before you abandon your resident status, you should consult with an experienced immigration attorney for expert guidance.

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: You may abandon your status by filing form I-407. When you are no longer an LPR you may apply for a non immigrant visa. You are not entitled to a non immigrant visa as long as you have LPR status.

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