Dear all, I have a J2 visa, My husband has waived his 2 year rule.

Asked 4 months ago - Cambridge, MA

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I want to apply to PHD program in USA. and I cannot come back to my country.
I need to know whether I would able to change my J2 visa to F1?

If I can, (after receiving I-20 form) should I leave U.S.A and request
a F1 visa from third country , and then come back to U.S.A again?
Does it take a long time and it is a difficult process?
Thank you so much in advance.

Attorney answers (3)

  1. Pro

    Contributor Level 20

    4

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    1

    Answered February 03, 2013 15:52. You don't state why you cannot return to your country. Usually, obtaining a F-1 visa in your own country is your best alternative.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Pro

    Contributor Level 8
    Best Answer
    chosen by asker

    Answered February 06, 2013 07:51. Your husband’s waiver also waives your two-year foreign residence requirement (assuming you were a J-2 derivative from your husband’s J-1 and you were married at the time of the waiver application and grant). Under INA § 248(a)(3), you cannot change status (except to A or G), unless and until you obtain a waiver. (This also assumes that your husband did not come to the United States for graduate medical education). Now that it appears that you have a waiver, you should be able to change your status in the United States. You may want to consult with a lawyer experienced in J matters to properly nail down your options.

    Brian Schmitt
    Hake & Schmitt
    Attorneys at Law
    P.O. Box 540 (419 Main St.), New Windsor, Maryland 21776
    Phone: 410-635-3337
    http://www.hake.com/pc/

    Required Disclaimer: This information is generalized and should not be relied upon as legal advice; and this communication does not create an attorney-client relationship.

  3. Contributor Level 20

    2

    Lawyers agree

    Answered February 04, 2013 11:27. I agree with my colleague.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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