logoalt Hacker News

kettlecornyesterday at 5:51 AM1 replyview on HN

The green card process can take 9 to 20 months and applying for a green card demonstrates an intent to immigrate so it's highly likely attempts to return on other temporary visas like a student visa will be denied.

So they likely have to wait out the green card process abroad unless they secure a dual-intent visa like an H-1B.

There's also 75 countries that the US has shut down consular processing for so those people may be locked out getting a green card entirely.


Replies

refurbyesterday at 12:46 PM

Right. But logically it makes sense - unless you have a valid visa you’re not allowed to stay.

You could go the fiancé visa route and stay in status while waiting for the green card.

I think what this policy is trying to avoid is the blanket “you can stay while processing even if you’re not in the country legally”