J1 status change and waiver

[Sekai70 0]

Can anyone tell me if you are able to apply for waiver after you have overstayed more that 10 years, and how long the waiver takes to process. I can in with a j1 status and never applied for waiver, two year rule applied... please help

[aamirpearl 47]

Can anyone tell me if you are able to apply for waiver after you have overstayed more that 10 years, and how long the waiver takes to process. I can in with a j1 status and never applied for waiver, two year rule applied... please help

Woww 10years overstayed??? well you need to have a full consult with a competent immigration attorney to fully determine your rights and options. You cannot change status in the US because you are in violation of the status. If an Immigration Judge or DHS has not terminated your status, then you are not accruing unlawful presence and will not be subject to the three or ten year bar. So you can possibly apply for a new visa abroad. There is no guarantee you will get it because you are in violation of status, but you are eligible. nd the Department of State requires that all J-1 participants return home upon completion of their program

Edited August 22, 2013 by @@mirpeArL

[Pitaya 2,576]

~Moved from Family-based AOS Progress to Student & Exchange Visitor Visa Forum~

~no AOS process~

[aaron2020 11,651]

Can anyone tell me if you are able to apply for waiver after you have overstayed more that 10 years, and how long the waiver takes to process. I can in with a j1 status and never applied for waiver, two year rule applied... please help

You need to meet the 2 years home stay rule. If you got money from your government or an institution in your home country, then only they can waive the 2 years rule.

You would need this waiver of the 2 years rule to get any benefit in the US.

You would need a separate waiver for the overstay if you qualify as an Immediate Relative of a US citizen with an extreme hardship.

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To do:

1. Get the J-1 waiver. Without it, you cannot adjust in the US. You must have this waiver to qualify to file to adjust. If you file to adjust without it, you will be denied for not meeting the 2 years home stay rule.

2. File to adjust after getting your J-1 waiver.

3. If the adjustment is denied because of an overstay, then you would need to file a hardship waiver.

Edited August 23, 2013 by aaron2020