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What date and manner of last entry should I put in my immigration papers?

Stuart, FL |

I came to USA on J-1 visa in 2009 but then changed visa type to B-2 and extended it twice. Now when I'm filing forms I-485 and I-765 what should I put as date and manner of my last entry (student visa in 2009 or B-2 visa in 2010)?

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Attorney answers 3

Posted

Entry - J1 and current status - B2.

You may want to talk to an attorney to look into the J1 visa change over to B2

Posted

You should state that your current status is B-2 and mark the expiration date on the I-485 as the last day that your B-2 is current. Please note that when you enter the U.S. on a J-1, there are some restrictions that may apply, such as whether you are subject to the 2-year requirement. If you changed your status, you possibly are not subject to the requirement of returning home for 2 years before re-entering the U.S. However, you will want to check your visa page in your passport to see whether the 2 year restriction applies to you or not, before you file your green card. You also should check the DS-2019 and the I-94 you used when you entered the U.S. on your J-1 visa. All these documents should state that you are not subject to the 2 year rule. If this is not clearly stated on your documents, then consult with an immigration attorney before filing your green card.

Sincerely,
Lena Korial-Yonan, Esq.
9425 Craven Road, Suite # 5
Jacksonville, FL 32257
www.needimmigrationhelp.com

Posted

Did you change visa type or just change status? In other words did you go home before entering on a B-2 or did you do a change of status to B-2 while still in the U.S. and not go home thereafter? Your last entry is the last date you entered the U.S. (regardless of how many statuses you have had thereafter)..


Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
email: lynne@feldmanfeldman.com
website: www.immigrateme.com

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law