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?

Related Topics:
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
Kyndra L Mulder
PREMIUM
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.