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I am a physician on J1, spouse is J2 but different national. If I get TPS, can it include spouse? When does the 2-yr rule start?

Augusta, GA |

I am a physician on J1, spouse is J2 but she is from a different nationality. I was approved for Conrad 30 J waiver and we changed visas to H1B and H4B, but the hospital didn't accept my application though we're past the required start date, and I believe they may not take me after all. I am subject to 2-yr rule, and may be out of status now. I don't know what options I have. I believe I am eligible for TPS, but not sure what would happen to my spouse (different nationality and country is not listed in TPS). If I apply for TPS, can my spouse get it too?
What about the 2-year rule, would it be included in the TPS period spent in the US? Or it starts only after we leave US?
If we are out of status, what other options do we have? Can we arrange for a waiver elsewhere? How to find out?

Attorney Answers 3

Posted

Yes.
No. The 2 year home residency requirement only starts once you leave the US. But if you apply for TPS and later for asylum, hopefully you won't have to return there.
Don't worry, you and your wife are going to be all right: immediately schedule a private consultation with a skilled immigration lawyer in your area.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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2 comments

Asker

Posted

Thank you for your answer. Would I be eligible for another waiver elsewhere? And can the TPS be transferred to my spouse? Thanks a lot.

Asker

Posted

Sorry, I didn't realize you addressed all questions. Thank you very much!

Posted

I agree with Attorney Behar.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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Posted

Consult with an experienced immigration attorney now. Your wife may be eligible for TPS. The 2 year time period cannot be included in TPS period spent in the US but under the circumstances may be waived.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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