Common Combat Sports EB-1A Inquiry about Adjustment of Status

Inquiry: World Champion Boxer has his wife and his two children who also all have P-3 visa as family members attached to his P visa; Should they all be applying for the EB1 and adjustment of status together? Also how long is usually the EB-1 given for and does it void his P1 visa?

Response to EB-1A and Green Card Question for World Class Boxer

The EB-1A petition is only for the World Class Boxer. This is the visa that permits the filing for a green card under form I-485. All of the family members should have P-1S status until the EB-1A is approved. And this is correct that filing for the green card (not the EB-1A) will negate the P-1 and P-3 visas. 

He can wait for the EB-1A to be approved and then file for green cards, or they can be submitted at the same time as the EB-1A Petition. The timing for the EB-1A petition can be several months or 15 day responses from USCIS using the Premium Processing Service. Many clients just choose regular processing for EB-1A petitions because the I-485 cannot be expedited. Although, getting an approval allows for an applicant to pursue consular adjustment of status much quicker than if the EB-1A was filed on regular processing. 

Adjustment of Status Versus Consular Processing for Combat Sports Athletes Permanent Residents

The second portion of the application is the Permanent Residence Application. There are two options to do this. The client can choose adjustment of status, which should only be pursued if all applicants can stay in the United States for 6-8 months from filing to receive advance parole for traveling. Otherwise, the clients can choose to do consular adjustment of status which involves a visa interview at a consulate which can take less time than adjustment of status but be more onerous. 

Lastly, in regards to personal income tax, does receiving the green card make him liable for taxes in the USA regardless of how much time he spends in the USA (resident status or non resident) and from what time does it apply if it does, upon receiving the actual green card or upon a certain step in the application process?

This taxation is out of our expertise, but Generally Permanent Residents are taxed the same way as U.S. Citizens. We have some accountants we refer to for details on the tax issues.