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earthwormgym

Expired J-1 to Green Card

By earthwormgym in Student & Exchange Visitor Visas

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earthwormgym Explorer

earthwormgym   1

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Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
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Hi all,

I have a friend who is looking to get their green card, through recent marriage to US Citizen. They had a J-1 but expired in Oct 5th. They got married on Oct 2nd and still reside in the US. I understand he has to file I-485 and she has to file an I-130 but I recently read on this forum about a waiver? Perhaps someone can advise.

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Boiler Grand Master

Boiler   43,671

Posted
Filed: K-1 Visa Country: Wales
 Timeline
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I advise they join VJ, often information provided by friends is missing important information.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Elf Collaborator

Elf   146

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Some J-1 visa holders are subject to a 2-year HRR (home residency requirement), which requires them to return to their home country for at least two years after their exchange program ends. If your friend is subject to that requirement, he will need to apply for a waiver before he can apply to adjust status. Information from the State department is here. It can be time-consuming - see this post for a few recent timelines from VJ members. I believe that he can apply for AOS concurrently with his waiver application if the basis for the waiver application is no-objection from his home country.

If your friend is not subject to the 2-year HRR, he and his wife should file the I-485 and I-130 concurrently, and can also file for employment authorization and advance parole at the same time. Start by reading the VJ Guide

And I agree with Boiler - get your friends to join VJ so they can ask for help directly. We don't bite :D

Eighteen years in the US and I still don't understand Velveeta, TV ads for prescription drugs, only getting 2 weeks paid vacation, or why anyone believes anything they see on Fox "News".

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medicalguy Explorer

medicalguy   11

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted (edited)

He should first find out if he is subject to 2 year home residency requirement(2 yr hrr). He may need to request for an advisory opinion from the dos. If he isnt, then they can adjust right away. If he is, then it gets far more complicated. He would need to file for a waiver of the 2 yr hrr. There are multiple ways to approach this, by no objection exceptional hardship as an example. You can get and idea of the timeline from my experience in my signature below.

The problem is that if the waiver is denied, then he is screwed because he is now overstaying his expired visa status while all the above is unfolding which could set him up for a long ban from coming back into the us if he is to leave the country.

He really should get an experienced j1 immigration lawyer.

Edited by medicalguy

N-400 Naturalization acpplication

 

 

9/9/2018: 90 day window early application opened. (3 year rule)

9/9/2018: N-400 Application submitted ONLINE. Estimated case completion: November 2019 (14 months).

9/10/2018: NOA

9/15/2018:Scheduled for Biometrics appointment. Scheduled for 10/1/2018

10/1/2018: Biometrics completed. 

4/11/2019: Scheduled for Interview.

5/20/2019: Interview day, APPROVED!

5/30/2019: Oath Ceremony. Officially a US citizen! Time to Vote :D

 

AOS / AP / EAD

 

7/22/2015: Mailed I-130, I-485, I-131, I-765

7/28/2015: Received electronic notification that USCIS has received my case and they are forwarding it to national benefits center.

8/1/2015: Received Hard copy of NOA of all 4 forms by mail.

8/6/2015: Received Biometrics appointment in mail, date 8/20

8/20/2015: Biometrics completed.

8/31/2015: Case updated to Interview scheduled for 10/1/2015

9/1/2015: Received interview letter hardcopy by mail

9/28/2015: EAD / AP Card in production

10/1/2015: Interview completed, unfortunately will need further review...

10/3/2015: Recieved EAD / AP combo card in mail

11/16/2015: Completed first Infopass. J1 file still pending from DOS

12/9/2015: I485 / I130 approved. I-485 updated to "New Card is being produced"!!!

12/14/2015: Received I130/I485 approval / Welcome letter

12/15/2015: Received Green Card in mail!!!!

 

J1 Exceptional Hardship Waiver Timeline:

 

12/18/2014: Form DS-3035 was received by the DOS

11/2014-2/2015: We collected letters of support from Family

2/15/2015: Last DS-2019 was received.

2/27/2015: Sent I-612 + Affidavit and supporting documents (This was sent to California Service Center)

3/4/2015: USCIS received I-612 and sent Form I-797C notice of action in mail which I received later on.

4/9/2015: USCIS requested another non-USCIS advisory opinion for Form I-612

4/14/2015: From I-612 and I-613 were received by the DOS

5/6/2015: DOS: Post input: received,

6/27/2015: DOS decision turned to Favorable recommendation, Recommendation sent on 6/26

7/2/2015: USCIS approved I-612 application online

7/9/2015: Received Hard copy approval in mail

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newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

The problem is that if the waiver is denied, then he is screwed because he is now overstaying his expired visa status while all the above is unfolding which could set him up for a long ban from coming back into the us if he is to leave the country.

Not really. He likely has no "unlawful presence" yet. J-1 are admitted on "D/S" on their I-94 and so do not automatically start accruing unlawful presence on any date. They can only start accruing unlawful presence when 1) they've been given a final order of removal from an immigration judge, or 2) they were determined to be out of status as a result of applying for a benefit with USCIS. They would then have to accrue 180 days of unlawful presence to have a ban when leaving the country.

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medicalguy Explorer

medicalguy   11

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted

Not really. He likely has no "unlawful presence" yet. J-1 are admitted on "D/S" on their I-94 and so do not automatically start accruing unlawful presence on any date. They can only start accruing unlawful presence when 1) they've been given a final order of removal from an immigration judge, or 2) they were determined to be out of status as a result of applying for a benefit with USCIS. They would then have to accrue 180 days of unlawful presence to have a ban when leaving the country.

Interesting. It was always my understanding that you have a 30 day grace period from the date your J1 program ends, and anything following that is considered overstay, I suppose it would not amount to unlawful presence until the above criteria are met.

Either way, I am not sure there is any legal pathway to staying in the US if a J1 waiver ends up being denied even though he is married a USC....

N-400 Naturalization acpplication

 

 

9/9/2018: 90 day window early application opened. (3 year rule)

9/9/2018: N-400 Application submitted ONLINE. Estimated case completion: November 2019 (14 months).

9/10/2018: NOA

9/15/2018:Scheduled for Biometrics appointment. Scheduled for 10/1/2018

10/1/2018: Biometrics completed. 

4/11/2019: Scheduled for Interview.

5/20/2019: Interview day, APPROVED!

5/30/2019: Oath Ceremony. Officially a US citizen! Time to Vote :D

 

AOS / AP / EAD

 

7/22/2015: Mailed I-130, I-485, I-131, I-765

7/28/2015: Received electronic notification that USCIS has received my case and they are forwarding it to national benefits center.

8/1/2015: Received Hard copy of NOA of all 4 forms by mail.

8/6/2015: Received Biometrics appointment in mail, date 8/20

8/20/2015: Biometrics completed.

8/31/2015: Case updated to Interview scheduled for 10/1/2015

9/1/2015: Received interview letter hardcopy by mail

9/28/2015: EAD / AP Card in production

10/1/2015: Interview completed, unfortunately will need further review...

10/3/2015: Recieved EAD / AP combo card in mail

11/16/2015: Completed first Infopass. J1 file still pending from DOS

12/9/2015: I485 / I130 approved. I-485 updated to "New Card is being produced"!!!

12/14/2015: Received I130/I485 approval / Welcome letter

12/15/2015: Received Green Card in mail!!!!

 

J1 Exceptional Hardship Waiver Timeline:

 

12/18/2014: Form DS-3035 was received by the DOS

11/2014-2/2015: We collected letters of support from Family

2/15/2015: Last DS-2019 was received.

2/27/2015: Sent I-612 + Affidavit and supporting documents (This was sent to California Service Center)

3/4/2015: USCIS received I-612 and sent Form I-797C notice of action in mail which I received later on.

4/9/2015: USCIS requested another non-USCIS advisory opinion for Form I-612

4/14/2015: From I-612 and I-613 were received by the DOS

5/6/2015: DOS: Post input: received,

6/27/2015: DOS decision turned to Favorable recommendation, Recommendation sent on 6/26

7/2/2015: USCIS approved I-612 application online

7/9/2015: Received Hard copy approval in mail

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