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I am on a P1 visa and it doesn't expire until 2016. if i apply for a greencard and it is denied will i still maintain P1 status?

Orlando, FL |

just wanted to know my options. would it be best to file 1 140 first n wait for approval before i file adj of status. or will filing concurrently mess up my p1 status if its denied.

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Attorney answers 3


A P-1 visa does have a requirement that you maintain a foreign residence you have no intention of abandoning. How petitioning for permanent residence will effect your ability to maintain P-1 status will depend on a number of different factors. Consult with an experienced immigration attorney who can review your case and advise you what to expect and how best to proceed.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


The P visa does not require a foreign residence. In most instances if you seek permanent resident status while on the P you should be able to maintain the non-immigrant status. You should work with an experienced immigration attorney.

Jeffrey Adam Devore

Jeffrey Adam Devore


I disagree. P status does require that the alien maintain a foreign residence which he or she has no intention of abandoning. Just because an I-140 is pending, however, does not mean that the alien has the intention to abandon his or her foreign residence.


Maintaining status depends on whether you are continuing to do what you got the visa for and are not engaging in unauthorized employment.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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