Navigating the U.S. immigration system can be complex, especially for those holding G-4 visas. These visas are typically granted to employees of international organizations and their families, allowing them to live in the U.S. while serving their duties. However, circumstances may change, allowing G-4 visa holders to consider applying for lawful permanent resident (LPR) status.
What is a G-4 Visa?
The G-4 visa is a nonimmigrant visa specifically designated for employees of international organizations and their eligible dependents. Eligible international organizations are designated by federal regulations, notable examples include: the United Nations, World Bank, International Monetary Fund (IMF), and Inter-American Development Bank (IDB). The G-4 visa allows individuals to work and reside in the U.S. for the duration of their employment.
While holders of the G-4 visa and their immediate family members may benefit substantially from the valuable opportunity to work and reside in the United States for the duration of the principal visa holder’s employment, the G-4 visa in most cases does not create a path to permanent residency on its own. For many G-4 visa holders, particularly those who have spent decades working for their respective international organizations and have put down family roots in the United States, the uncertainty that comes with retirement can create anxiety as the status which provided them and their families the opportunity to live and work in the United States is suddenly gone without a clear path to obtain permanent residence.
General Eligibility for G-4 Adjustment of Status
Adjustment of Status (AOS) is the process through which eligible individuals can change their nonimmigrant status to that of a lawful permanent resident (green card holder) without leaving the United States. Qualifying G-4 visa holders may establish their initial eligibility to apply for lawful permanent resident status with The United States Citizenship and Immigration Services (USCIS) by filing a Form I-360 Petition for Amerasian, Widow(er), or Special Immigrant if certain eligibility criteria are met. Generally, the principal G-4 visa holder and his or her family members may also file their I-485 adjustment of status applications concurrently with the principal’s Form I-360 so long as the principal’s I-360 application is ultimately approved.
Which G-4 Visa Holders are Eligible to Apply for Adjustment?
The applicable U.S. immigration laws place limits on who can file as a principal I-360 applicant to receive the “Special Immigrant” classification to then apply for adjustment of status to receive lawful permanent residence. The following may apply:
- The principal G-4 employee may file for adjustment of status within six months of his or her retirement, but only if he or she had been employed under G-4 status in the U.S. for 15 years including physical presence for 3 ½ of the 7 years prior to applying.
- The spouse of the retiree is also able to become a permanent resident but only as a derivative of the G-4 employee. Thus, because the spouse is a derivative, the spouse cannot file form I-360 independently of the principal G-4 retiree.
- Moreover, as a derivative the spouse is not required to hold a G-4 visa for the same periods of time as the principal.
- The spouse’s AOS petition must be filed no later than six months after the retired G-4 officer or employee’s date of retirement.
- Widows and widowers of G-4 principal employees may file form I-360 as principals and then apply for permanent residence, if their late spouse had been employed for 15 years in the U.S. under G-4 status, including physical presence for 3 ½ of the past 7 years prior to their death.
- The adjustment petition must be filed no later than six months after the date of the death of the G-4 officer or employee.
- The unmarried children of a current or former G-4 principal employee may file form I-360 as principals and apply for permanent residence independently of his or her parent if the child had been under G-4 dependent status for 7 years between the ages of 5 and 21 and was physically present in the U.S. for 3 ½ years of the 7 years prior to the filing of the petition.
- Lastly, the petition must be filed prior to the child’s 25th birthday.
Challenges and Considerations
Work and Travel Authorization During Processing Time
Given the limited number of visas available for applicants upon an approved I-360, it can often take more than a year until USCIS makes a decision on the former G-4 visa holder’s application for adjustment of status. However, once a principal G-4 applicant’s form I-360 is approved they may apply for an Employment Authorization Document (EAD), which allows them to work legally in the U.S. while their application for adjustment of status is pending with USCIS. They may also apply for a Travel Document (Advanced Parole), which allows them to temporarily travel abroad.
Organizational Assistance and Loss of Special G-4 Tax Privileges
It is important to note that most qualifying international organizations also have their own internal procedures and policies in place to assist their retiring G-4 employees in applying for LPR status in the United States. Therefore, it is important for prospective G-4 to LPR applicants to work closely with their employers while preparing their AOS applications.
Lastly, any G-4 visa holders seeking to adjust to LPR status should discuss the loss of tax exemption privileges that would result upon termination of their G-4 visa’s tax-exempt status with their soon to be former employer.
Contact Murray Osorio PLLC for To Get in Touch With Your Next Immigration Attorney
Adjusting status from a G-4 visa to a green card can be a feasible path to permanent residency, but it comes with its own unique challenges and complex requirements. By understanding the process and seeking professional guidance, G-4 visa holders can take informed steps towards achieving their immigration goals. If you're a G-4 visa holder navigating the complex waters of immigration and considering your options for permanent residency, Murray Osorio PLLC is here to help guide you. Our experienced immigration attorneys understand the intricacies of Adjustment of Status and can provide personalized advice tailored to your unique situation. Don't let the maze of legal requirements and paperwork deter you from pursuing your American dream. Reach out today to explore your immigration options and take the first step toward securing your future in the United States.