Skip to main content

Can I reinstate my status(J-1 visa) after being out of status for 4 and 1/2 years? Or can I get any other legal status now?

Minneapolis, MN |

I was engaged to a US citizen and was suppoused to get married within 3 days after my visa expired(due to finalazing of his divorse.Than he desided that he got cold feet and other excuses for the delay of the marrige.We have a child together(US born) and have been living together the whole time.It was NOT my will to be out of status and now even my passport has recently expired!I was just naive and lied to.I need some kind of legal status so I'm able to stay in the US so I can take care of my child and have full parental rights , without beeing marrid to someone .Can you , please ,advise!

+ Read More

Attorney answers 4


Talk to the foreign student adviser; It seems to me that you should be able to

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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.


Step 1: get married.
Step 2: your spouse petitions you and you file for adjustment of status.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Agreed with Mr. Ferrari that you should get married and have your spouse file petition on your behalf and adjust your status.

Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012


Let me build on the answers from the other lawyers.

You first need to determine whether you are subject to the two-year foreign residence requirement. This is a complex and abstract analysis that should be performed by a lawyer with specific experience in J-1 matters.

Here is why you need to address whether you are subject to the two-year foreign residence requirement.

One can become subject in three ways, which are: (1) government funding (U.S. and/or foreign government funding; (2) home country skills list; and (3) participation in graduate medical education.

One subject to the two-year foreign residence requirement is subject to three legal disabilities. Specifically, one subject cannot: (1) apply for H or L visa stamps; (2) apply for a green card (therefore, the advice by the other lawyers (marry and file for the green card) will not work if you are subject to the two-year foreign residence rqeuirement)); and (3) apply for an immigrant visa. Further, one subject cannot change status from J-1 to any other nonimmigrant status except A or G visa status.

I hope this answer helps.

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

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.