I need some assistance and guidance to apply for green card and receive waiver on my J1 visa (FLEX Program-US government funded). Two days ago I won the DV lottery and I really would like to know my options.
More information about me: I'm graduating BSN program this month, and I have my OPT starting in July. Initially, I came to United States on J-1 visa in 2006-2007 and, after the program ended, I went back to Russia for 14 months. Then I reentered United States in August, 2008 to pursue my Bachelors of Nursing degree. During 4 years of my education on F-1 visa, I have visited Russia multiple times during my holidays. Cumulatively I have been out of United States for about 20.5 month, being short of 3.5 month to complete home residency requirement.
There are a number of possivle scenarios available to you. I suggest you retain an experienced immigration attorney to discuss your alternatives and go with the best scenario.
Congratulation on winning the lottery visa. based on what you stated, I do not think that you will have a hard time getting your waiver request approved. Please be mindful that the U.S. givernment may ask you to pay back some of the expenses they extended to you before they approve your waiver. In light of this new development, winning the lottery, I think you will obtain a waiver.
I will start the process of both, the waiver and the grenn card, at the same time.
Elkhalil Law Firm, LLC
Disclaimer: This answer is for informational and educational use only. This answer does not creat attroney-client relationship. For more details, I recommend a private consultation with an immigration lawyer.
If you attended a medical residency program (I assume you are an IMG because you mentioned the FLEX.) on a J-1 visa, it will take you many years to obtain a waiver unless you qualify for a hardship or a persecution waiver.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney
Board Certified Immigration Attorney
Subscribe to our Free Immigration Newsletter
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
You need a lawyer to assist you get the waiver and pursue your other options,
An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.
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