If the alien lives in a foreign country, they need to apply for an immigrant visa. The I-140 and I-485 may be filed at the same time if dates are current. 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. Visa and Green Cards for Researchers Q&A. At our office, we have a team of highly experienced J-1 and green card immigration attorneys with excellent track records of helping many exchange visitors transition to lawful permanent resident. However, the two-year foreign residence requirement only applies to the following J1 visa holders: Typically, J1 visa holders are told upon applying for their visa whether or not they are subject to the two-year foreign residence requirement. There are several factors that play into the processing time for the transition from a J-1 wavier to a green card. The USCIS will give your Form I-140 a priority date, at which point you can file to adjust your status. If the alien resides in the U.S., they should use an AOS application. 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 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. If the physician selects the NIW option, the applicant can petition without a U.S employer. While you may get a green card through those various channels we have gone over, you are still required to prove that you had no intention of pursuing a green card before receiving your J-1 visa. Your I-94 travel record will help you determine how long you have been in the United States. Work with your immigration attorney to determine if this is a better option depending on your situation. 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. This depends on the type of visa you choose as well as the circumstances surrounding your case. 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. 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 grace period usually lasts for 30 days which will give you time to return home. 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. Furthermore, a personal loan can help you cover the cost without breaking the bank. 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. I have only spent one year in my home country Once you have a J1 visa in hand and some experience in America under your belt, it is extremely tempting to take the next step and become a permanent resident. 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. There are a number of problems with attempting to transition from a J1 to a green card. This is to make sure that there are no qualified U.S. workers in the area that you would be displacing through your employment. To obtain a green card, the alien must first file a petition I-140 with the USCIS. You can demonstrate to the U.S. government that returning to your home country you will incur significant financial hardship. 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 is because the J-1 is not considered a “dual intent” visa, which is a nonimmigrant visa that allows holders to pursue a green card without jeopardizing their nonimmigrant status. J1 Visa Guide: Everything You Need to Know About the J1 Visa The J1 visa is a great option for people who want to visit the United States. Here is how it works: You originally entered the U.S. on a B-2 tourist visa, and after returning to your home country, you filed and received a J-1 visa. 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, the process of transitioning from a J1 visa to a green card is far from simple, and some will not be eligible for a green card at all. The applicant must then file for an adjustment of status with the I-485 form. Having an immigration attorney with expertise in demonstrating a lack of immigrant intent may be helpful. 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. J1 visa holders should explore their eligibility for a green card before attempting to make the transition. This lets them avoid potentially violating the terms of their J1 visa and the problem of immigrant intent. In this case, you will either have to. Receive a decision: You will receive a decision on your application within a couple of days. are capable of advising you on the decisions best suited for the qualifications and expectations of the visa. If you seek an H-1B, for instance, you must enter the annual lottery. J1 visa holders are included in the entry ban until December 31, 2020. . With H1B status, your spouse and children may accompany you to the US under an H-4 visa. 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. My I-130 is approved, and date is current for AOS. Your J1 visa has a grace period upon the completion of your program. process once your spouse is ready to sponsor your application. Yes, a J-1 visa holder is eligible for a green card. 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. While immigrants are often denied credit and loans because of their lack of credit history and temporary status, lenders like Stilt are geared specifically towards immigrants. Once the J-1 waiver has been approved, the physician has two options: File for the PERM Labor Certification by a U.S. employer, or, File for a National Interest Waiver (NIW) for an EB-2 green card, 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. The following J1 visa holders can still travel in and out of the US: Those coming in the US to provide care for a minor US citizen, green card holder or non-immigrant on a lawful visa; 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. Our. Unfortunately, getting a J-1 visa extension or changing to another status isn’t always feasible. However, there are funding options available for noncitizens in the U.S. 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. Depending on the backlog of applications ahead of you in the green card waiting line, you may need to wait for several months or years before you can receive your green card. Processing a PERM certification typically takes 60 days for the initial recruitment, and another 6 months for the Department of Labor to make a decision on your application. 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. In some cases, this is because the sponsoring program may want to avoid developing a reputation with the USCIS as a J-1 program that can be used to get a green card. Consulting an immigration attorney can help you determine which of the three following options gives you the best chance of success: Many J1 visa holders seeking permanent resident status also first change their visa status to a nonimmigrant visa with dual intent, like an H-1B. Because of this, J-1 visitors are always advised to allow at least 90 days to pass before applying for a green card. Depending on the backlog of applications ahead of you in the green card waiting line, you may need to wait for several months or years before you can receive your green card. Below is a discussion of the two most popular green card options for doctors. I hope this article can be a useful guide to your journey. So, in most cases, after your spouse has filed the I-130 form, you will first wait for the petition to be approved. Finally, if you are still uncertain whether or not you are subject to the two-year foreign residence rule, you can request an advisory opinion from the U.S. Department of State. No prepayment penalty. Your priority date is the day that the USCIS receives your I-140 petition. Submit your J1 waiver first, wait until it is approved, and then submit your immigrant petition. 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 cause extreme hardship to you or your family. Although the two marriage types will be processed using the same forms, they have different requirements and processing times. There are five ways to obtain this waiver. This means you must demonstrate your intent to return to your home country when your visa expires. The easiest way to obtain your green card would be through marriage due to its low cost and easy application. For one, the J1 visa is not a “dual intent” visa, which is a nonimmigrant visa that permits visa holders to petition for permanent resident status without affecting their nonimmigrant visa status. 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. To obtain a PERM certification, your employer must advertise your position extensively for a given length of time. If the applicant decides to go with this option, he/she cannot submit the I-485 until the completion of the J-1 Conrad 30 requirements (if applicable). 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. The cost of transitioning from a J1 visa to a green card will also depend on whether you adjust your status or go through consular processing. So, in most cases, after your spouse has filed the I-130 form, you will first wait for the petition to be approved. All Rights Reserved. J1 visa holder cannot typically apply directly for Green Cards while in the US. You can schedule a consultation with one of our immigration lawyers today by simply filling out. Because of this, you will be able to file both the I-130 and I-485 concurrently (at the same time). This is why you need the service of an immigration lawyer. On the other hand, you can opt to go through consular processing. 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. J1 Waivers and Green Card options October 12, 2012 / 0 Comments / in Green Cards, j1 and j2 Waivers, Work Visas / by admin. 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. Another factor is your PERM Labor Certification. Submit the immigrant petition and J-1 waiver concurrently along with evidence that you did not initially intend to get a green card. I strongly suggest that you speak with an experienced immigration attorney to … Speak with your immigration attorney to determine which route is best for your case. 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. The processing time will depend on whether you are married to a citizen or a lawful permanent resident. 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. Technically, J-1 visa holders are not eligible for the U.S. green card. However, it's highly likely you will need to spend at least a few years outside the United States first. When you apply for J1, they may notice this and deny the J1. 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. After the approval, then you will need to wait until a green card number is available to you before you can file your I-485 form. The first obstacle that we’ll cover is the home residency requirement. 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. If you are not subject to the home country physical presence requirement, you can begin your. Our immigration lawyers are capable of advising you on the decisions best suited for the qualifications and expectations of the visa. If your application meets Stilt’s minimum eligibility requirements, then you will qualify for. Those in the United States on J-1 visas are eligible to apply for a Green Card through employment based or family based immigration.In order to obtain a Green Card, the alienfirst needsto file an immigrant petition (I-140) with the USCIS and then either apply for an Adjustment of Status (AOS) petition if they are living in the U.S. or an Immigrant Visa through consular processing if they are living in a foreign country. In theory, nothing stops a J-1 visa holder from getting married to a United States citizen. Additionally, there are some obstacles that you will have to overcome. Since returning home often brings complications with it, you can apply for a J-1 visa waiver to circumvent this requirement. 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. Also, you will need a PERM Labor Certification if you choose an EB-2 or EB-3 green card. 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. Submit the J-1 waiver, have the waiver approved, and then submit the immigrant petition. The processing time for transitioning from a J1 visa to a green card will vary based on your circumstances and the class of green card you’re seeking. It may be possible to obtain a Green Card through marriage (as noted above, this would almost certainly be a conditional permanent resident Green Card if the marriage is less than two years old). You can demonstrate to the U.S. government that the government of your home country may subject you to persecution if you return. The purpose of the blog is to present information and … 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 Currently in F1 visa and is looking forward to apply for adjustment of status by husband. This information will be listed on your Form DS-2019, where the consular officer should indicate your status relevant to the two-year rule. I am subject to two year home stay under J1 for previous education. There are five ways to obtain this waiver. I did Aos from J1 visa and posted my journey here: However, be advised that USCIS is highly skeptical of petitioners who pursue this option. This involves having your employer run a relatively extensive ad campaign advertising for your position. So, to avoid this, the only option would be to leave the U.S., return to your home country and continue the process through consular processing whenever a visa number is available for you. 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. 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. J1 to H1B Visa Transfer: ... H1B status holders may become eligible for a Green Card and permanent residency if they stay and work in the US for the six-year maximum allowed under the H1B visa. Marriage is another way of transitioning from a J-1 visa holder to a green card holder. 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. The I-140 also takes an average time of about six months to process. 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. 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. For an extra fee (payable by either you or your employer), premium processing will shorten your petition’s processing time to 15 calendar days. This would be in the records of USCIS. Your visa stamp should also contain information on whether or not this restriction applies to you. NOTE: 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. This means the USCIS will adjudicate both applications simultaneously, thereby shortening the entire process. F1 Student Visa to Green Card Option #3: Marry a U.S. Citizen. The applicant must then file for an adjustment of status with the. Once the J-1 waiver has been approved, the physician has two options: It is possible for physicians to have NIW and PERM applications pending at the same time. , the processing time will likely be shorter. Cost of Transition from a J1 Visa to a Green Card, How to Get a Personal Loan to Cover Your J1 to Green Card Fees, advisory opinion from the U.S. Department of State, Individuals who participated in an exchange program that was financed by the United States federal government, or by the government of the visa holder’s home country, The U.S. government has designated your home country as having few people with the skill set and expertise in your particular occupation or field, You have been medically trained in the U.S., either as a resident or intern. After the approval, then you will need to wait until a green card number is available to you before you can file your I-485 form. 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. The first is the time it takes you to get a dual intent visa (if this is the route you choose to take). 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. If returning home would expose you to the threat of persecution. If you would like to shorten this processing time, you can opt for premium processing. Other visas that are not dual intent are the TN, F-1, and the B-1 visa. Is it Possible to Transfer from J1 to Green Card Status in the U.S.? Once the Form I-130 is approved, you must wait to receive a visa number. Submit the J-1 waiver, have the waiver approved, and then submit the immigrant petition or 8 U.S.C. Also, to obtain a J1 visa you must prove that you have close ties to your home country and that you plan on returning there after your J1 visa expires. Here is how it works: on the USCIS website to see where you stand. There are a number of problems with attempting to transition from a J1 to a green card. This interview is usually scheduled a month in advance. You can schedule a consultation with one of our immigration lawyers today by simply filling out this consultation form. 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. Loans for up to $25,000. If your J-1 status expires before an immigrant visa number becomes available, you will need to get a J-1 extension or apply to change your status to another nonimmigrant visa in order to continue staying in the U.S. while the green card application is pending. While your adjustment of status (I-485 form) is being processed, you should avoid traveling internationally until you have obtained a travel permit, which is officially known as Advance Parole Document. 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. 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. My wife is on J1 and her green card application is filed under EB-1A. Through a federal government agency that takes specific interest in you and requests your continued presence in the U.S. This goes back to the issue of immigrant intent. The I-140 and I-485 may be filed at the same time if dates are current. The J-1 waiver cannot be administered until the U.S. employer has submitted an application for labor certification through the PERM. Many of my physician clients, after obtaining their J1 Waiver and H1B visa, ask about their green card options. In this case, the 90-day rule would be the date you entered with your B-2 visa, not the date you received your J-1 visa. In this very special blog post, we have teamed up with Rachel Casseus, Esq. Once you have obtained a J1 waiver, you have three different options for submitting the waiver. Some popular options are the H-1B, L-1, or O-1 visas. or wait until after the two-year requirement for the home country assignment has passed before beginning your green card process. For the spouse of a U.S. citizen, there is always an available visa number. Is it Possible to Transfer from J1 to Green Card Status in the U.S.? You may also have to submit a Form I-140, which involves an average of 6 months of processing time as well. 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