Hi, I am Doctor from India working as J1 research scholar. My wife accompanied me as J2. She has got an EAD. I am subject to 212e. My wife is also a doctor and applied for residency programs in the US which will start in June 2020. I wanted to know what is the best way to obtain a visa for her in this situation so that she can finish her residency of 4 years as well as can pursue 2 years of fellowship afterward?
If someone is subject to 212(e), it restricts their ability to obtain certain immigrant and nonimmigrant statuses.
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I believe that you, not she, needs to get the waiver ... unless she switches to J-1 herself ... then H-1B
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does...
What is the reason you are not discussing it with your company's assigned attorney?
DISCLAIMER The opinion given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide a case specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice the site should not be used as a crude substitute for any professionally competent legal advice by a licensed attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, laws and applications change frequently and vary greatly in U.S. jurisdictions and locales, therefore, any information and opinions expressed above remain general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in the State to obtain comprehensive legal assistance before making an informed decision regarding a particular legal issue within an attorney-client privilege setting. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
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