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Arată versiune întreagă : need advice on immigration issues



malou29
02.01.2006, 15:31
Hi everyonehttp://www.romanian-portal.com/forum/smileys/smiley1.gif,


I speak only english, so please answer me in english.This is my probleme:I have a romanian friend, a sweet lady who need help to change her j1 visa status in one permanent(green card for exemple.Can somebody know what we need to do for in order for her to be grant green card?Her j1 visa is expired a year ago.Thanks so much to answer me.God bless you!We live around Atlanta,GA

nkog
02.01.2006, 16:29
malou29


This is a toughonesmileys/smiley19.gif...With an expired visa she is not legal, so trying to change the J1 to anything, here in US, would be very difficullt. Going out of the country would make it almost impossible to come back, at least in the near future. Also, if there is a waiver she has to get becauseof theJ1, that would make it even more difficult,considering thatthe J1 is currentlyexpired.


I hope someone else has a better solution for you. Good luck !

GNChicago
02.01.2006, 18:34
Malou, she might need to get married with an american citizen.


There are more questions if she is required to go back for two years, she might be able to get a waiver of such requirement.


We need more details.

03.01.2006, 05:02
Malou, she might need to get married with an american citizen.








Actually, at this point I see no other alternative for her.

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nkog
03.01.2006, 07:01
transit,


How do you interpret the info from the I-485 instructions ( see bellow, emphasis is minesmileys/smiley1.gif) when the "sweet lady" could be seen one way as " otherwise eligible" if/when she becomes the wife of an American, yet at the same time, ineligible because of the J1 waiver ( if one exists) requirement ?


See what I copied bellow. No intention on my part to put down the idea with the mariage, but really, if indeed the waiver is an issue, ( OK, I understand one could petition to remove it or whatever), what are the chances in this particular case ? I know of one case, friend of mine,in whichthe waiver was not granted, he had to go back to RO to fulfill the J1 waiver requirementsmileys/smiley19.gif


Like I said before, this forum is great. A lot of stuff to learnsmileys/smiley32.gif, so transit, keep it upsmileys/smiley1.gif


From UCIS site :


Otherwise Eligible Immediate Relatives


If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:
<UL>
<LI>worked without permission,


<LI>remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,


<LI>INELIGIBLE</LI>[/list]


There may be other reasons that you are eligible for adjustment to permanent resident status. Please see USCIS Form I-485 (http://uscis.gov/graphics/&#102;ormsfee/&#102;orms/i-485.htm) for more complete information.


You may be ineligible for adjustment to permanent resident status if:


You are a J-1 or J-2 exchange visitor who must comply with the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement.

nkog
03.01.2006, 07:14
Oh yeah, not to ignore what GNChicago said,smileys/smiley1.gif


"We need more details."

03.01.2006, 08:19
nklog,

You are correct in pinpointing the waivers issue. I have used the
plural as there might be two of these involved. Naturally, all of my
considerations below are in the context of a marriage to a US citizen.

1) The person in cause has been in an illegal status for more than a
year and is therefore subject to the 10-year bar. In order for her to
become a US LPR she needs to have this bar removed. Both herself and
her future husband will have to write a statement explaining how the
application denial would bring "extreme hardships to a US citizen". The
petition is known as the I-601 Application for Waiver of Grounds of
Inadmissibility and is addressed to the Attorney General. If she has no
criminal records whatsoever her chances for a positive resolution are
more than good.

2) Not all J-1 visa holders are subject to Section 212(e) Two-Year
Foreign Residency Requiremnents so this might not be an issue. To
become clear on that all she has to do is to check the J-1 visa stamp
in her passport. In case she needs a waiver for Section 212(e) I don't
see who in Romania (I am thinking to her former employer) may object to
signing the papers after such a long absence. Perhaps only in the case
where the company/institution has invested a significant amount of funds
into her training (if any) and she cannot reimburse them..

I am logically assuming that she may request a waiver for the 2-year
home residency requirement at any moment as long as she hasn't complied
to it (not only at the end of her J-1 visa stay).



Only after completing steps 1 and 2 (or #1 only if not subject to
212(e)) can she proceed to an adjustment of status or apply for
an immigrant visa.