New York, NY asked in Immigration Law for New York

Q: Hi there. I have a consular processing question for a spouse.

During the processing of the petition/green card, can the beneficiary leave their home country and work in a different country (other than the US)?

Related Topics:
2 Lawyer Answers
Lilia  Alcaraz
Lilia Alcaraz
  • Immigration Law Lawyer
  • Phoenix, AZ

A: Hello New Yorker!

Yes, a person can travel to work in another country if they have the necessary visas, work permits, and fulfill other legal requirements of the country they are traveling to.

This advice only applies to a consular processing case where the intending immigrant is not in the U.S. If the foreign national is in the U.S., other rules apply.

Fun travels for you and your spouse!

1 user found this answer helpful

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: Yes, it is generally possible for the beneficiary of a spousal immigrant visa petition to leave their home country and work in a different country while their petition is being processed. However, there are some important factors to consider.

First, the beneficiary will need to attend an interview at the US embassy or consulate in their home country as part of the immigrant visa process. They should make sure that they are available to attend the interview and that they have all necessary documents and information at that time.

Second, leaving the home country during the processing of the petition could potentially cause delays or other complications in the process. The US embassy or consulate may need to conduct additional background checks or require additional documentation, which could extend the processing time.

Finally, it's important to note that the beneficiary will need to maintain their eligibility for the immigrant visa throughout the processing time. This means that they should not engage in any activities or behaviors that could disqualify them from obtaining a visa, such as committing a crime or engaging in terrorist activities.

If the beneficiary needs to leave their home country for work or other reasons during the processing of the petition, it's recommended that they consult with a qualified immigration attorney or the US embassy or consulate in their home country to understand any potential risks or issues that could arise.

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.