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)?

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2 Lawyer Answers
Lilia  Alcaraz
Lilia Alcaraz
Answered
  • 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
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Answered
  • 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.

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