From R1 Visa to Green Card

I’m a monk at a Buddhist temple in the US on a R1 visa. I’m looking for help with my green card. I am on my 4th year with the R1 visa and I know I am going to hit my 5 year maximum soon. Can I apply for the green card? What if my R1 expires before the green card is approved?

The fact that your R1 is expiring will not affect your green card petition. However, you should be aware that once your R1 expires, you will not have any nonimmigrant status while your green card is pending. You will not be able to work after your R1 visa expires unless you obtain an EAD and if your green card is denied for any reason, you will unlawfully present in the US and subject to removal.

We have handled many green card applications for clients whose nonimmigrant status has expired and so long as we thoroughly review your file and are confident that your green card will be approved, then it is ok to file even if your R1 visa will expire before the green card can be approved.

Posted on August 23, 2012 at 6:49 pm by Immigration Lawyer Peter Messersmith · Permalink
In: Green Card, R-1 Visa · Tagged with: ,

3 Responses

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  1. Written by Neil
    on September 6, 2012 at 12:45 pm

    Question: R1 Visa

    I have R-1 visa for four years (will expire 2014).

    I have been working for that Buddhist organization since then.

    Now I came to know another Buddhist religious organization (Temple) and they said they will sponsor me for the green card.
    My question is: will it violate the law if i was sponsored for the green card by the different Buddhist religious organization from different State ?

    I truly appreciate your answer.


  2. Written by Jean Bianco
    on March 13, 2015 at 3:05 pm

    Can my mom apply for her nephew to stay in USA. He hold and R1 visa. He has been at the temple for over 5 years.

  3. Written by mike
    on April 19, 2015 at 2:55 am

    How will I know if my r1 visa is cancel led since when I left the USA last year the immigration did not put any stamp of cancelation and I didn’t received any notification I’m a Filipino I stayed there in the USA for six months my visa will expired on June 2016 thanks

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