Married to a Lawful Permanent Resident: Unlike the spouses of U.S. citizens, a green card is not readily available to the spouse of a permanent resident. Keep in mind, though, that if you were at any point subject to Section 212(e) of the INA, you will still be subject to the two-year requirement even if your immigration status changes. The I-140 also takes an average time of about six months to process. If you first change your visa status to a nonimmigrant visa with dual intent, then your processing time will be subject to the typical wait times and processing for that particular visa. Your I-94 travel record will help you determine how long you have been in the United States. Many of my physician clients, after obtaining their J1 Waiver and H1B visa, ask about their green card options. However, the J-1 holder may not be immediately eligible for U.S. lawful permanent residence (a "green card") based on that marriage, depending on the exact terms of the visa — in particular, whether he or she is subject to the "two-year home country physical presence requirement." Our. Some popular options are the H-1B, L-1, or O-1 visas. J-1 to Marriage-Based Green Card Processing Times, The processing time will depend on whether you are married to a citizen or a lawful permanent resident. The program was funded by the US government. However, with the information detailed above, and potentially the help of an immigration attorney, you can determine the path that will give you the best chance of success. If you are married to a U.S. citizen or lawful permanent resident, your spouse can sponsor you to become a lawful permanent resident yourself. This may cut down on the cost and the processing time, but it requires you to make an appointment with the U.S. consulate or embassy in your home country and participate in a one-on-one interview. Another major obstacle for J1 visa holders intent on transitioning to a green card is that J1 visa holders must prove, upon applying for their visa, that they do not have immigrant intent. You will need to file a DS-260 application at the embassy or consulate in your country of residence to request an immigrant visa abroad. In order to obtain a J-1 visa, you need to demonstrate that you have ties to your home country (such as family or assets) and that you fully intend to return once your J-1 stint has ended. Since returning home often brings complications with it, you can apply for a J-1 visa waiver to circumvent this requirement. You may also have to submit a Form I-140, which involves an average of 6 months of processing time as well. After your J-1 Visa to Green Card application is processed, you will receive a letter notifying you that you must attend an interview with a USCIS officer. J1 visa holders are included in the entry ban until December 31, 2020. This involves having your employer run a relatively extensive ad campaign advertising for your position. This goes back to the issue of immigrant intent. This is why you need the service of an immigration lawyer. There are four options for obtaining a J1 waiver: Another obstacle that may arise in obtaining a J1 waiver is that your visa sponsor may revoke your J1 visa once you petition for a green card. The I-140 and I-485 may be filed at the same time if dates are current. There are several factors that play into the processing time for the transition from a J-1 wavier to a green card. You can schedule a consultation with one of our immigration lawyers today by simply filling out. If your sponsor removes its sponsorship, you may face being considered “out of status”, which could have serious consequences including being barred from future attempts to immigrate to the U.S. To get a green card while on J-1 status, the applicant has three possible options concerning the waiver: Additionally, to avoid the delicate nature of potentially violating your J-1 status, many people choose to change their status to a nonimmigrant visa with dual intent. , the processing time will likely be shorter. My I-130 is approved, and date is current for AOS. © 2021 SGM Law Group. Unlike the employment-based green card application that uses the I-140 form, the marriage-based category will require your spouse to submit an I-130, Petition for Alien Relative. Because this can be a difficult thing to prove satisfactorily, it is advised to lean on the experience of your immigration attorney during this process. The visa is not a Green Card and does not allow you to live in the U.S. permanently — it is a non-immigrant visa. Taking out a personal loan from Stilt involves a simple three-step process: The complexities of transitioning from J1 visa status to permanent resident status can be too much for many people, not to mention the exorbitant cost of this transition. If your employer is audited or subjected to supervised recruitment, your J-1 waiver to green card processing time will be greatly increased. This visa allows you to gain experience by receiving on-the-job training, teaching, or conducting research. J … The applicant must then file for an adjustment of status with the. Your priority date is the day that the USCIS receives your I-140 petition. A J-1 visa allows you to live in the United States for a limited amount of time to participate in a study- or work-based exchange program. Getting a waiver for the home presence requirement, proving that your green card application wasn’t a preconceived idea, and several other intrigues surrounding the process require thoroughness. In 2017 her visa expired and she traveled back in the home country to fulfill her 2 year home residency. This interview is usually scheduled a month in advance. When you arrive in the States with a B-1 or B-2 visa you have 6 months, and during this 6 months majority of the non-immigrants tends to lean toward marriage or an EB-1 green card. There are five ways to obtain this waiver. Because of this, J-1 visitors are always advised to allow at least 90 days to pass before applying for a green card. For the spouse of a U.S. citizen, there is always an available visa number. There are a number of problems with attempting to transition from a J1 to a green card. Her lawyer didn't file my application with her mentioning that it will be a fraud because J2's intent is non-immigrant. If returning home would expose you to the threat of persecution. No cosigner required. A J1 waiver can let you circumvent some of the obstacles preventing J1 visa holders from getting permanent resident status, like the two-year foreign residence rule. In theory, nothing stops a J-1 visa holder from getting married to a United States citizen. In order to obtain a J-1 visa, you need to demonstrate that you have ties to your home country (such as family or assets) and that you fully intend to return once your J-1 stint has ended. J1 visa holders should explore their eligibility for a green card before attempting to make the transition. If the physician selects the NIW option, the applicant can petition without a U.S employer. First, your spouse who is a green card holder will need to file the family sponsorship form, or Form I-130 (officially called the “Petition for Alien Relative”). ), and date is the most common J-1 waiver can not submit the immigrant and... 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