You can demonstrate to the U.S. government that the government of your home country may subject you to persecution if you return. The cost associated with making the switch from a J-1 waiver to a green card also depends on whether you choose to use consular processing or adjust your status. Submit your immigration petition first, wait until it is approved, then submit your J1 waiver. To get a green card while on J-1 status, the applicant has three possible options concerning the waiver: Submit the immigrant petition and J-1 waiver concurrently along with evidence that you did not initially intend to get a green card. These programs are sponsored by an educational or other nonprofit institution, which must be accredited through the Exchange Visitor Program designated by the U.S. State Department. The 90-day rule will apply based on the date you reenter the U.S. on your J-1 visa, not on the initial B-2 visa. 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. You will need to convince the immigration officials that your decision to get a green card wasn’t premeditated but came due to unexpected changes in your personal circumstances. Start making payments: With the funds in your account, you can start making monthly payments on your loan. It is technically possible to start the green card process while in J-1 status, but once the immigrant visa petition is filed (the I-140 petition if filing through the employment based process, such as the EB-1 Alien of Extraordinary Ability or EB-2 National Interest Waiver petition), you cannot extend the J-1 status, and you cannot travel outside the US and re-enter in J-1 status. Because of this, you will be able to file both the I-130 and I-485 concurrently (at the same time). The first obstacle that we’ll cover is the home residency requirement. You may be able to move from J visa to green card if you have the basis for immigrant visa and you do not have 2 year home residency requirement, and/or you are able to waive the requirement. The I-140 also takes an average time of about six months to process. This requirement obligates almost all J-1 visa holders to return to their home country after their J-1 status has ended and remain there for two years before pursuing any further visas or green cards. $230 fee for the DS-260 online immigrant application. The applicant must then file for an adjustment of status with the. They are: Through a No Objection Statement from your home country’s government indicating that your home country does not take issue with you staying in the U.S. J1 visa holder cannot typically apply directly for Green Cards while in the US. I came to USA in 2006, I did my Masters in public health under F1 visa and graduated in 2008 and then I joined Internal medicine residency under J 1 visa. For the spouse of a U.S. citizen, there is always an available visa number. Frequently, those clients are either currently on a J-1 visa and now want to apply for the green card, or they were on J-1 visa previously and have since changed status to H-1B or another visa category. Your J-1 to marriage-based green card process will depend on whether you are married to a U.S. citizen or a permanent resident. 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. However, it's highly likely you will need to spend at least a few years outside the United States first. If you are a J-1 visa holder planning to marry a U.S. green card holder (lawful permanent resident), you yourself may eventually be eligible for a U.S. green card. This can include, for instance, if you have married a U.S. citizen. Again, it is extremely difficult to reschedule this appointment, so … It must be submitted with these, marriage-based green card supporting documents. In this very special blog post, we have teamed up with Rachel Casseus, Esq. 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. Also, consular processing can speed up the processing time for your petition, but it will require that you return to your home country for an interview with the U.S. consulate. Needless to say, this can be very difficult to prove without the help of an attorney. In this case, you will either have to obtain a waiver or wait until after the two-year requirement for the home country assignment has passed before beginning your green card process. The USCIS will give your Form I-140 a priority date, at which point you can file to adjust your status. Hello, my wife studied in the US will Fullbright scholarship under J1 visa subject to the 2 year home residency. Marriage is another way of transitioning from a J-1 visa holder to a green card holder. I hope this article can be a useful guide to your journey. No prepayment penalty. The I-140 and I-485 may be filed at the same time if dates are current. For example, if you choose to go for an H-1B visa, you will need to contend with the annual lottery and the waiting times that accompany that process. The first is the time it takes you to get a dual intent visa (if this is the route you choose to take). Trump extends immigration restrictions, bans J1 and other visas until end of year Trump says US joblessness high among young – the group that compete for work with J-visa recipients The purpose of the PERM Labor Certification is to verify that the offered position cannot be completed by a qualified, able, and available United States worker. The processing time will depend on whether you are married to a citizen or a lawful permanent resident. In theory, nothing stops a J-1 visa holder from getting married to a United States citizen. Right now I am in the final year of my residency and I am applying for a J1 waiver job in an underserved area to Additionally, it is also given to executive managers who have worked at a foreign branch of a U.S company in the past 3 years. AoS from J1 to marriage based green card is the same as the other AoS from tourist, student and work visas, so you should be able to find most of the information in this website. Yes, transitioning from a J1 visa to green card status is possible, but not all J1 visa holders will be eligible for a green card. The 90-day rule is used by the USCIS officers to determine whether or not a J-1 holder applying for a green card had immigrant intent from the beginning of the application process. 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." § 1182 (e), and the issue of immigrant intent. Without that, immigration officers may conclude that you have abandoned your green card application, which will require you to start the process all over again. In 2017 her visa expired and she traveled back in the home country to fulfill her 2 year home residency. Through a federal government agency that takes specific interest in you and requests your continued presence in the U.S. 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. If the PERM application is authorized, the U.S. employer is capable of filing for the I-140 on the J-1 visa holder’s behalf. 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. It is important to note that this service is not available for the EB-1C or EB-2 NIW green cards. You will have to factor in the processing time and money that is involved with getting a dual intent visa on top of the usual method of getting a green card. 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. The easiest way to obtain your green card would be through marriage due to its low cost and easy application. Is it Possible to Transfer from J1 to Green Card Status in the U.S.? If returning home would expose you to the threat of persecution. This is to make sure that there are no qualified U.S. workers in the area that you would be displacing through your employment. J1 Waivers and Green Card options October 12, 2012 / 0 Comments / in Green Cards, j1 and j2 Waivers, Work Visas / by admin. With the date, you can calculate the 90-day rule by adding 90 days to the most recent arrival date stamped on your I-94. As mentioned above, the J-1 is not a dual intent nonimmigrant visa, which means you must prove that you have the intention of returning to your home country after your program. Yes, transitioning from a J1 visa to green card status is possible, but not all J1 visa holders will be eligible for a green card. If the J-1 holder is a physician and would like to obtain a green card, the applicant should first file for a J-1 waiver. This is the most common J-1 waiver green card process to receive an employment-based green card. Speak with your immigration attorney to determine which route is best for your case. If this is not your first time in the United States or the J-1 is not your first U.S. nonimmigrant visa, the 90 days must be calculated based on the most recent entry. Once the Form I-130 is approved, you must wait to receive a visa number. Her lawyer didn't file my application with her mentioning that it will be a fraud because J2's intent is non-immigrant. Additionally, there are some obstacles that you will have to overcome. Depending on the workload at the USCIS service center in charge of your case, you should be able to receive a decision on your petition within 10 to 13 months. You can schedule a consultation with one of our immigration lawyers today by simply filling out this consultation form. F1 Student Visa to Green Card Option #3: Marry a U.S. Citizen. If you choose to go with either the regular EB-2 or the EB-3 green card, you will need a PERM in order to petition. from Casseus Law to present this informal Q&A on visa and green card options for researchers. 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