From J-1 to Green Card

[salika 0]

Hello,

I posted a while back about getting permanent residency for my Egyptian husband who can easily enter the US on a J-1 visa. People responded and said that it was impossible to adjust the J-1 to permanent residency/green card and that my husband would have to return to Egypt and apply for a visa from there.

At the same time, I contacted a number of lawyers in the US who told me that could help get my husband's J-1 visa adjusted to permanent residency in 2-3 months, without having to leave the US. He said he would charge $2,000-2,5000 for the process. First of all, I am wary of lawyers in general, can I trust what this lawyer said, is it really possible to adjust a J-1 Visa. This would make our lives much easier and we would jump at the chance to do this, but we don't want to come to the US thinking we can do this only to find out that it is impossible and we should have applied for his visa from Egypt.

Anyone have experience with this issue?

Also, how can I find a directory of reliable and reasonable lawyers in the US or somewhere where I can get some free or very low-priced solid legal advice?

Thanks

[payxibka 10,047]

Does his J-1 have an HRR attached?

Edited December 28, 2007 by fwaguy

[sidd.oberoi 0]

I came here on J1 with 2 years home residency requirement, and had the same problem. theres nothing to worry about that, try to see the NOC option and you have to get some NOCs from egypt.

[sidd.oberoi 0]

I came here on J1 with 2 years home residency requirement, and had the same problem. theres nothing to worry about that, try to see the NOC option and you have to get some NOCs from egypt.

I came here on J1 with 2 years home residency requirement, and had the same problem. theres nothing to worry about that, try to see the NOC option and you have to get some NOCs from egypt. many people with many opinions and lawyers are ready to take whatever they can, instead see if you can get NOC from your home country, some letters they will send to your egypt consulate in usa or might give u with govt. seal, those you have to take to egypt consulate here and they will send to Waiver Dept with their stamps and final statement that your egypt country does not have any problem if you want to stay here in usa, and then its upto waiver dept to make decision, but usually its approved if everything is normal, but do it before visa gets expire.....i did the same thing in 2004 and took like 2 months to get everything done and got my waiver granted.

but dont go for lawyer, theres nothing he can draft or he can do, fill out the forms and start getting somebody work in your country, there are like 3-4 govt departments that your relative needs to go in egypt to get NOC

one i remember is Dept of Education, Regional Passport Office, Department of Home ... i dont know what do they call in egypt but you can call ur egypt consulate in usa and find out, they should help u and lastly USCIS they will guide you too... Dont worry and dont panic, i had been thru the situation, for many people, J1 visa is still a wonder and thts the reason they will give u some wild replies to make u nervous

[salika 0]

Hello,

Sorry, I am new to the immigration game, what is HRR and NOC?

My husband received a J-1 visa last summer and he received the waiver for the 2-year home residency requirement, so we are applying for it again this summer as he has the same job in a US university as last year (his visa says: bearer not subject to section 212 E, two year rule does not apply). He also has a SSN card from his job in the US last year.

In this case, can we adjust his status without leaving the US?

[athena_ny 1]

Hello,

Sorry, I am new to the immigration game, what is HRR and NOC?

My husband received a J-1 visa last summer and he received the waiver for the 2-year home residency requirement, so we are applying for it again this summer as he has the same job in a US university as last year (his visa says: bearer not subject to section 212 E, two year rule does not apply). He also has a SSN card from his job in the US last year.

In this case, can we adjust his status without leaving the US?

The HRR is home residency requirement and if he is not subject to it, he should be able to adjust without leaving. And unless there's something really complicated, you may not even need the lawyer, a lot of people adjust successfully without one.

Edit: I got the impression you were in the US. If you're in Egypt, as other posts have said it seems you are, you may not enter and adjust, as you'd have intent upon entry, which would be visa fraud. Sorry for misunderstanding!

Edited December 28, 2007 by meow mix

[payxibka 10,047]

The sticky wicket is that if he was presently here in the USA then the answer is most likely yes he can stay and adjust...... since he is not presently here and a J-1 is not a "dual" intent visa.... it might be perceived that you are trying to use a non-immigrant visa for immigrant purposes....

[salika 0]

I came here on J1 with 2 years home residency requirement, and had the same problem. theres nothing to worry about that, try to see the NOC option and you have to get some NOCs from egypt.

I came here on J1 with 2 years home residency requirement, and had the same problem. theres nothing to worry about that, try to see the NOC option and you have to get some NOCs from egypt. many people with many opinions and lawyers are ready to take whatever they can, instead see if you can get NOC from your home country, some letters they will send to your egypt consulate in usa or might give u with govt. seal, those you have to take to egypt consulate here and they will send to Waiver Dept with their stamps and final statement that your egypt country does not have any problem if you want to stay here in usa, and then its upto waiver dept to make decision, but usually its approved if everything is normal, but do it before visa gets expire.....i did the same thing in 2004 and took like 2 months to get everything done and got my waiver granted.

but dont go for lawyer, theres nothing he can draft or he can do, fill out the forms and start getting somebody work in your country, there are like 3-4 govt departments that your relative needs to go in egypt to get NOC

one i remember is Dept of Education, Regional Passport Office, Department of Home ... i dont know what do they call in egypt but you can call ur egypt consulate in usa and find out, they should help u and lastly USCIS they will guide you too... Dont worry and dont panic, i had been thru the situation, for many people, J1 visa is still a wonder and thts the reason they will give u some wild replies to make u nervous

Thanks for your reply sidd.oberoi, could you please explain what this NOC is and how I can some of them from Egypt? Maybe I don't need this because my husband received the waiver? Does the USCIS really help people? Will they answer questions if I email them or call them?

Also, what do you mean when you wrote, the J1 visa is a wonder? When I read the USCIS website, it was very confusing and it appeared that we couldn't apply to adjust my husband's status with his J1 visa since his intentions would have differed. Now I am hearing different opinions and don't know what to do.

Thanks

[gwenneh 7]

The problem isn't in the J-1, per se. From your original post, I gathered (as did many others) that you are both still in Egypt.

The problem is fraud. The J-1 is not a settlement visa. If you are in Egypt now, and he enters the US on a J-1 with the intent to settle permanently in the US that is not going to fly. The J-1 is not for permanent settlement and to use it for that purpose may create much larger problems for you down the road.

It is possible to adjust from a J-1 visa; however, most of the cases I have seen involve the J-1 being in the US, marrying a US Citizen and then remaining in the US- not entering on the J-1 and then adjusting.

[salika 0]

Thanks fwaguy and meow mix,

Since the J1 visa only takes a day or two to get, we'll probably be applying in May so he can travel to the US in the summer. His first intent with the J1 visa is to teach at the university that sponsors him. But since he'll already be in the US and just so happens to be married to me, a US citizen, is there any reason why he couldn't adjust his status to get a green card? How can the USCIS determine objectives and what are its criteria? Could I possibly ask the USCIS directly if this is possible or how can I know for sure this would work?

Our case should be complication, but will I still need to submit the affidavit of support and all that?

[gwenneh 7]

It is because he is already married to you that you will run into problems. This is not a dual-intent visa!

[salika 0]

The problem isn't in the J-1, per se. From your original post, I gathered (as did many others) that you are both still in Egypt.

The problem is fraud. The J-1 is not a settlement visa. If you are in Egypt now, and he enters the US on a J-1 with the intent to settle permanently in the US that is not going to fly. The J-1 is not for permanent settlement and to use it for that purpose may create much larger problems for you down the road.

It is possible to adjust from a J-1 visa; however, most of the cases I have seen involve the J-1 being in the US, marrying a US Citizen and then remaining in the US- not entering on the J-1 and then adjusting.

Hello Gwen666,

I realize this may be a problem, I don't want to end up having problems with the USCIS, but why did the lawyer say he could help me adjust my status easily? Yes, I am living in Egypt with my husband now, I dread figuring out how to apply from a green card from here, especially because I am a student and we don't have much money and don't have a co-sponsor at the moment. It seems like we should have waited to get married until we were in the US, but that's complicated, and I've already been married to him for a while.

[gwenneh 7]

Lawyers will say anything to get your money. This is something many people learn, very quickly, and to their dismay.

The bottom line is, you *do* have immigrant intent. A J-1 visa is not for immigrating. If you want to immigate, get an immigrant visa for your husband.

[payxibka 10,047]

Thanks fwaguy and meow mix,

Since the J1 visa only takes a day or two to get, we'll probably be applying in May so he can travel to the US in the summer. His first intent with the J1 visa is to teach at the university that sponsors him. But since he'll already be in the US and just so happens to be married to me, a US citizen, is there any reason why he couldn't adjust his status to get a green card? How can the USCIS determine objectives and what are its criteria? Could I possibly ask the USCIS directly if this is possible or how can I know for sure this would work?

Our case should be complication, but will I still need to submit the affidavit of support and all that?

Firstly, all visa applicants are assumed to have immigrant intent and it is incumbent on the applicant to demonstrate otherwise... So the USCIS does not have to prove intent... so there is no criteria per se.... Think about it... If he is asked at the AOS interview...

1) I see your wife lives permanently here in the USA is that true?

2) Do you love your wife?

3) Do you believe that for a marriage to prosper that a husband and wife should live together?

4) Were you married to you wife before you entered the USA?

5) Please tell me then how you could not have intent to stay here permanently with your wife when you entered the country?

Remeber, these people are trained interviewers.........

You won't know until you try, but you may find that the J-1 will be denied... Your circumstances today are vastly different than they were before..

[payxibka 10,047]

I dread figuring out how to apply from a green card from here, especially because I am a student and we don't have much money and don't have a co-sponsor at the moment.

I can answer that question... Unless the person is living in the USA there is no trying to figure out how to apply for a greencard from there....

Edited December 28, 2007 by fwaguy