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Will I be able to file J-1 waiver if I am in removal proceedings

Dallas, TX |

Will I be able to file J-1 waiver if I am now in removal. I came on J-1 visa,and overstayed, married to US citizen. File I-130 is pending and I was told that I have to file J-1 waiver. where should I file the J-1 waiver, in front of the judge or to USC office . Please help

Attorney Answers 2


  1. Yes, an individual in removal proceedings is eligible to apply for a J-1 waiver, but I do not recommend trying to navigate that process on your own. Filing a waiver and convincing the Judge to continue the case long enough to receive a J-1 waiver approval can be quite complicated. I recommend that you consult with an Immigration attorney as soon as possible to ensure correct and timely filing of your waiver application.

    This response is general in nature and does not create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 214-887-8507 to schedule a consultation.


  2. USCIS has jurisdiction over he waivers.

    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.