J1 Visa Waiver to Family Based Green Card

How to Request a J1 Visa Waiver and Obtain U.s. Residency

The J1 visa is issued to those individuals selected for work or written report programs in the United States. It is a non-immigrant visa that promotes cultural exchange and helps people receive preparation for better prospects in the U.s.a. or their home state. Unlike the H-1B, Thou and, 50 class visas, the J1 is not a dual intent visa, whereby foreign nationals tin can apply for permanent residency without certain restrictions.

Generally, J1 visa programs require applicants to return to their country of origin for 2 years in one case their stay in the sponsoring programme ends. However, one can obtain a J1 visa waiver and obtain United states of america residency without having to render domicile. Here we explain how the process.

The Green Card Process

The greenish carte procedure begins past qualifying nether i of the categories established past law. These categories are mainly petitions from relatives, employers, or humanitarian petitions. This normally involves having a US citizen or green card holder submit a petition on your behalf and applying for a green carte that allows you to stay in the US. The petitioner may be a U.s.a. employer or a qualifying relative that is a US citizen or permanent resident.

For example, suppose your employer wants to hire you for a permanent, full-time position. In that case, your employer has to prove to the Department of Labor, via a lengthy process, that their J1 status employee needs to get a permanent resident because no US citizens are willing or capable of taking their position. If all goes smoothly, you lot can receive a green card under one of the employment based categories like EB-2 or EB-3.

The employment based route is ideal for those individuals with specialized or managerial skills. Your employer may crave you to go on working; therefore, they must submit the I-140 form while the J1 visa holder files for the I-485 form meantime. Afterwards processing by the USCIS, y'all may have to go for an adjustment of status interview which volition determine if you qualify for the green card and to request a J1 waiver to exempt you from the ii-year physical presence requirement in your country of origin.

You may go married to a Us denizen while you hold a J1 visa. Your spouse can and then file the I-130 form, sponsoring you. At the same time, y'all have to submit the I-485 form. The adjudicating officeholder volition enquire you to submit the waiver grade to exempt you from the two-year concrete presence requirement in your country of origin.

How to Employ for a J1 visa Waiver con USCIS?

To request a waiver, you must submit Form I-612 to USCIS. This form is submitted along with all the prove that supports the reason why you are unable to render to your land of origin and consummate the preliminary agreement to return to your country of origin for ii years. Every situation is dissimilar and you must offer your specific reasons for non coming together this requirement to the satisfaction of the Usa government. If your waiver request is accepted by USCIS, they will forward your waiver to the Department of Country to consult the case.

One time your case is received past the Section of State in the waivers division, a case number volition be assigned to yous. You can then get-go this office of the process by submitting the DS-3035 forth with the supporting documents required by the form and the application fee. Please notation that you can simply apply for the exemption if you lot authorize nether the following categories:

• No Objection: A candidate's dwelling house country's regime may have no objection to returning under the mandatory requirement;
• Persecution: An applicant believes that they are nether threat of persecution if they return to their habitation country;
• Involvement: When a Federal Authorities Agency requests your presence for their interests. A land public health section may also request the may show similar interest, making you eligible for a waiver;
• Hardship: If your dependents are The states citizens and your render home volition cause them undue hardship.

We highly recommend seeking the aid of an immigration lawyer to analyze your specific situation. AtTerra Immigration, we have helped individuals from all over the earth receive their visas and dark-green cards. It is of import that you piece of work with a professional person that tin can give you an honest assessment. As well equally aid you achieve your objectives. If y'all have any questions, yous tin speak to Attorney Ileana Rivera or Ingrid Perez. Transport us a message at assistance@terralawyer.com or give united states of america a phone call at 407-818-1244.

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Source: https://terralawyer.com/how-to-request-a-j1-visa-waiver-and-obtain-us-residency/