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What should i file for to make my husband stay in US.

Las Vegas, NV |

I am a permanent resident and so is our son. My husband has a j-1 visa "not subject to 2 -year requirement" which is valid for 1 year. His visa will expire on june 2013 or july 2013. What should we apply for to let him stay here in us. Petition? Adjustment of status? Waiver?

I am just 20 years old now. turning 21 on april 28, 2013. do i have to wait til then before i apply for petition or anything? or i can send it anytime? Help please!

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Attorney answers 4


J1 visa holders and their dependent a ate required to leave the country at the end of their program within 30 days. Must remain out of the country for two years before re-entry. Can apply for H1-b visa at that time. Do consult an experienced immigration attorney for guidance

J Thomas Smith Ph.D.

J Thomas Smith Ph.D.


since husband has waiver you, as a GC holder, can file I-130


If your husband's J visa states that he is not subject to the 2-year requirement, then he most likely will not be required to leave the US based on the J visa.

However, your husband must remain in some valid immigration status.

You should file an I-130 Petition for your husband.

If you have been a permanent resident for at least 4 years and 9 months, then you should consider filing for naturalization. If you become a US Citizen, that will help your husband.

I strongly suggest that you consult an experienced immigration attorney.

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What really controls this question is how many years you've been an LPR and when you can apply for citizenship. If you're a U.S. citizen, his filing is considered an immediate relative case and will be processed within 4-5 months.


If you are not close to becoming a US citizen, your husband should consider visa alternatives like F-1, H1B or some other non-immigrant visa. But for most visa types he will need a US employer to petition him.
You don't have to wait to file the immediate relative petition, but the approval of this petition will not allow him to stay in the US. He will still need to consider another visa alternative in order to stay in the US, while visa numbers become available for his immigrant relative case.
Please consider talking to an experienced immigration attorney.