Archived
What are my chances to be back to the US after fulfilling a 2 year home requirement with an overstayed j-1 visa?
Brian's answer
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Answered on April 18, 2014
The impact of your overstay is of no consequence because you were admitted for duration of status, annotated as D/S on your I-94 card and likely on...
Archived
I am on F1. Time taken to convert to J1 is typically 2-5 months. Can I apply fro a fresh J1? Isn't that faster?
Brian's answer
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Answered on April 18, 2014
You can change status from F-1 to J-1 in the United States. Alternatively, you could depart the United States and apply for a J-1 visa and then...
Archived
Can j1's status be changed to j2? or can j1 be allowed to have a work permit?
Brian's answer
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Answered on April 18, 2014
A J-1 cannot obtain a work permit. A J-2 can obtain employment authorization. But a J-1 cannot change status from J-1 to J-2 if the individual is...
Archived
Adjustment of Status for Green Card Holder (but former Asylee and former j-1 holder subject to 2-year rule)
Brian's answer
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Answered on April 18, 2014
The grant of asylum does not waive your two-year foreign residence requirement. One subject can only overcome the two-year foreign residence...
Archived
J1 visa waiver Hardship. I am a US citizen and she is on J1 visa. How much will it cost? Do I have a good chance?
Brian's answer
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Answered on April 18, 2014
First you need to determine whether and why your spouse is subject to the two-year foreign residence requirement. There are three ways one can...
Archived
I hold J1visa, if I can get I20 from a language school can I still stay in USA for study even my visa deadline is 6/30/2014?
Brian's answer
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Answered on April 18, 2014
You are subject to the two-year foreign residence requirement of INA § 212(e). One subject to the two-year foreign residence requirement is...
Persecution Waiver for J1/J2 on the basis of ongoing genocide happening in Pakistan against Shia minority group.
Brian's answer
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Answered on April 15, 2014
To win an I-612 persecution waiver application, the applicant must demonstrate that he or she has a well founded fear of persecution upon return to...
Archived
Hi my wife applied for my I-485 but on basis of my previous J1 home residency short for 1 month, they gave us more time.
Brian's answer
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Answered on March 19, 2014
Under the plain language of INA 212(e), you were ineligible to apply for adjustment of status until you had the waiver grant in hand. ...
Archived
J1 waiver -No objection route
Brian's answer
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Answered on March 13, 2014
Under INA 212(e), one cannot apply for a green card until the waiver grant is in hand. However, the filing of this adjustment of status...
I am on J1 visa in US as a Fulbright scholar, can i change my visa status to H4 (as a dependent with my Husband who is on H1B )
Brian's answer
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Answered on March 13, 2014
Being subject to the two-year foreign residence requirement creates several legal disabilities that do not go away until one subject obtains a...