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My J1 expired and has been over 180 days. I saw the revisions in the USCIS website, I need your help.

Harrisburg, NC |

I came here with a J1 visa and is already expired. My fiancé and I are planning to get married, we a living together for almost 3 years. I saw that there are revisions in the USCIS website. How will I start with the process to move on and apply for a permanent visa. Can we apply for the F-130 or the f-1601?

Attorney Answers 3

Posted

If your ,J status has a foreign residency requirement you will need to obtain a waiver or comply with the requirements of the two-year home residency before you are eligible to obtain resident status in United States. However, since you appear to have been in United States unlawfully for more than 6 months should you depart the United States you will likely have a three-year bar or a ten-year bar on returning to the United States.

If you do not have a home residency requirement with your J status and your fiancée is a United States citizen, it is likely that you are eligible to seek resident status in United States. If this situation is correct you may not need a waiver.

from the information you have provided it is likely that once you are married, your spouse will be allowed petition for you and you will be eligible seek resident status in United States. The process normally takes about 9 months to complete.

You should consult with an immigration attorney to go over the details and make sure you are eligible before proceeding.

919.225.3963
immigration@rbrownllc.com
www.brownimmigrationNC.com

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Asker

Posted

I have a 2 yr residency requirement..how will I start this process?

Robert Louis Brown

Robert Louis Brown

Posted

you should meet with an immigration attorney to explore possibilities for obtaining a waiver of the two-year home residency requirement. If you are unable to obtain a waiver of the two-year home residency requirement. You will not be permitted to obtain status in United States

Asker

Posted

Thank you for the response? Can I apply for the Provisional Unlawful Presence Waivers?

Robert Louis Brown

Robert Louis Brown

Posted

With the two-year home residency requirement, the provisional unlawful presence waiver is not likely to be of assistance to you. Without obtaining the two-year home residency requirement waiver or fulfilling the two-year home residency requirement.

Lisa R. Brenman

Lisa R. Brenman

Posted

I agree with these responses. the Provisional Unlawful Presence Waiver does NOT waive the two-year home residence requirement that some J holders have.

Posted

1. Meet with an attorney
2. You probably don't need the I-601A
3. You may have a 2-year-return issue

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Asker

Posted

I have the 2 yr residency requirement

F. J. Capriotti III

F. J. Capriotti III

Posted

You have a BIG problem. Meet with an attorney before you attempt to file a waiver with the Department of State ... they are not easy to obtain.

Asker

Posted

Thank you for your response. Actually I already applied for a waiver and It is pending due to some reasons. I was asking help if you can route it in a different way aside from applying for a waiver. waiver.

F. J. Capriotti III

F. J. Capriotti III

Posted

I strongly suggest that you meet with an attorney that has experience with J waivers and have him/her review what you submitted. Once you get a 'no' it is nearly impossible to turn it into a 'yes'.

Posted

You do not need I601. First you need to figure out whether you are subject to 2 year home residency requirement. Are you?

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Asker

Posted

I have a 2 yr residency requirement

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