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G-4 Visa Questions

The G-4 visa is a non-immigrant visa that is issued to employees of designated international organizations entering the United States as part of their appointment. The immediate family members of the employees of the principal G-4 visa holders, subject to certain conditions, are also eligible for the visa. Although the rules for G-4 visa are well documented there are cases when expert opinion is indispensable. Listed below are some top questions answered by Experts on issues related to the G-4 visa.

Can G-4 dependents apply for work permits?

Most immediate family members and dependents of a G-4 visa holder, subject to certain conditions, should be eligible for work permits in the U.S. G-4 employee’s spouses and unmarried children under the age of 21 are free to work in the country, provided they get work authorization. Additionally, unmarried children under the age of 23 and studying full time at a post-secondary educational institution are also eligible. Unmarried physically or mentally disabled children of G-4 employees of any age are eligible to get work authorization.

All other G-4 dependents can also request for work authorization if they have spent an aggregate of seven years in the U.S. as G-4 dependents between the age of 5 and 21. Dependents falling under this category should avail themselves of this benefit before the age of 25. Eligible dependents can file Form I-360 with the necessary supporting evidence in order to get work permits.

Can G-4 visa holders and their dependents apply for a Green Card?

G-4 visa holders and their dependents should be eligible for Green Cards provided some conditions are fulfilled. A G-4 visa holder who is an officer or employee of an international organization should be eligible for a Green Card after retirement, provided he applies within six months of retirement. The spouse of a retired G-4 visa holder may also be eligible for Green Card, as long as the spouse has resided in the U.S. for at least half of the preceding seven years. In addition, the unmarried children of G-4 holders who are under 25 and who meet similarly specified residence requirements may also be eligible for Green Cards.

My G-4 visa will expire in a few days. Can I apply for an F-1 visa given my G-4 visa status?

In order to change the status of your visa from G-4 to F-1, you would first want to apply for admission at a university. After you are accepted to the school, you can get Form I-120 from the designated school official, who should be available at the school’s international student office. At that time you should be able to change your nonimmigrant status to F-1 by submitting Form I-120 and Form I-539 (the application to change nonimmigrant status) along with other supporting documents.

Can I travel abroad and re-enter using G-4 Visa after filing adjustment of status?

As a G-4 Visa holder, after you files for adjustment of status, you cannot use the G-4 to re-enter the U.S. from a trip abroad. Filing Form I-485 means you have also filed two other forms, I-131 which is the advance parole for travel and I-765 which is the employment authorization. If you, as the G-4 visa holder, leave the U.S. before your advance parole document is issued to you by the authorities, you will abandon your application. Typically the documents are issued within 90 to120 days.

Although your International organization takes care of your G-4 requirements, at times there may be complications. When you are not sure of the hassles involved with the G-4 visa, it is always best to seek legal insight from Immigration Experts.

Ask an Immigration Lawyer

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: General
Satisfied Customers: 34505
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
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3 Immigration Lawyers are Online Now

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Recent G 4 Questions

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    I have 3 DUI convictions 2 of them back in 1984 and the third in 2010, Also I have have been married 2 times and ended up in divorce. My second marriage was with a filipina who i sponsored from the Philipines. our divorce was final in July 2014, will this effect my I-129F petition and my new fiances K-1 visa being approved. She is from Main Land China
    Sincerely
    John
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    Immigration Question...
    I am a US Citizen, deployed to the Middle East on a Letter of Authorization (LOA) issued by the U.S. Army with a deployment end date in 2016. My wife who is a green card holder (CR1) has accompanied me overseas. I am a contract employee with a U.S. company on contract with the U.S. Department of Defense.
    My wife received her CR1 status in April 2014 when she entered the US. We will be married 2 years in December 2014. Our residence is in the U.S., we jointly own a U.S. company, have filed joint U.S tax returns for 2012 and 2013 and will file a joint tax return for 2014. In addition, we have joint bank accounts in the U.S.
    When we returned to the U.S. In late April 2014, we fully intended to stay since my overseas contract had ended and we were starting a new business in the U.S. However, soon after we returned to the U.S. and my wife received her CR1, I received a contract renewal for an assignment overseas. To,accept, I had to be back in the Middle East within 10 days. My wife came with me so we both live outside the U.S. temporarily until my job with a U.S. Company on US government is complete.
    I need to stay in the Middle East until my contact is over and my wife cannot go back to the U.S. by her self. We are planning to return to the U S in January 2016.
    We will apply to remove her conditional status in 2016.
    I contacted the US embassy/consul about a Returning Resident (SB-1) application. The US State Department Web Site says:
    1. “A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control. “The US Department of State form “APPLICATION TO DETERMINE RETURNING RESIDENT STATUS” states that an example of proof that a protracted stay was for reasons beyond the applicant’s control is “accompanying a U.S. citizen spouse”.
    2. “If you are an LPR unable to return to the United States within the travel validity period of the green card (1 year) you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.
    3. “If you are the spouse or child of a member of the U.S. Armed Forces or of a civilian employee of the U.S. government stationed abroad on official orders, you may use your Permanent Resident Card, Form I-551, to enter the United States even if it has expired. Therefore, you would not need a Returning Resident (SB-1) immigrant visa”
    It appears from the information above that my wife can stay with me in Kuwait and does not need to “return to the United States within the travel validity period of the green card (1 year)”. In addition, she does not need the SB-1 Visa. She can use her Permanent Resident Card, Form I-551, to enter the United States even if it has expired.
    Is this correct?
    The embassy/consulate response was - "note that the administration of green cards is the responsibility of DHS/USCIS. The Embassy has no role in this process." According to what I have been told an read we cannot apply for a Reentry permit since she is not in the U.S.
    What do we need to do so we do not jeopardize my wife's green card status?
  • I got REF for extension of my TN application regarding evaluation

    I got REF for extension of my TN application regarding evaluation of degree. I have Bachelor of Commerce from India and over 8 years accountant Canadian and American experience. FIS evaluated my degree as Bachelor of Accounting substitute with experience. Is that going to work out. If you think it is going to work out I like to hand over case to you. CCI evaluator also ready to give me Bachelor of Business Administration based on my education. I got number of times TN. Right now I am on TN as an Accountant. Thanks in advance for answer.
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