My sister holds J1 visa and legally works in USA. She applies for immig. visa via F4-1 (alien relatives). F4's lastest priority date is 11/2004 - two month away from hers ( 1/05).
1) Can she start applying for I-485 now concurrently ? Any pros? Must she wait until letter of notification from Immigration Dept. comes? Is there any name for that letter?
2) Basing on current pace, how many more months may it take to move 2 months from 11/04 to 1/05?
3) Can she choose to do Green Card interview in USA, e.g. the city of her job? Any advantage on any location for such interview?
4) Does she (J1) need to meet the 212(e) "2 years foreign residency" requirement before being eligible to apply for I-485 green card?
5) What are exceptions to "2 years foreign residency"? ( she was borned in one country, immigrated into another one, and now works in USA)
6) When will the beginning of that "2 years" period start?
7) Does she need to apply for J1 waiver before applying for I-485?
8) How can she preventing the risk of not able to return to USA to work if she "must" do green card interview in other countries?
9) What is the wait time for I-485 interview?
Whether she is subject to the 2-year foreign residency requirement should be spelled out on her J-1 paperwork (DS2019) and probably on her J-1 visa. J-1 applicant is usually subject to the residency requirement if her exchange program is funded by either her government or the U.S. government, involves specialized knowledge or skills deemed necessary by her home country or her received graduate medical training. There are a certain waivers, depending on type of work/training she has, governments' positions on the proposed waiver, etc., and each waiver has somewhat different procedures (which affect the rest of your questions). You (or she) should have a consultation with an experienced immigration attorney to go over the details.
DISCLAIMER: The answer provided above is for informational purposes only, should not be relied upon as legal advice, and does not form an attorney-client relationship.
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