J1 vida to green card

[ram-007 0]

Hi there,

I'm on J1 Visa and I'm subject to the 2 year home residency requirements (212e). I got married to a US citizen.

Can I apply for green card? If so, How long does the process take? Does it make any difference if we have children or not ?

I hope someone can answer my questions.

Thank you

Edited August 13, 2012 by ram-007

[belinda63 3,051]

You either have to fulfill the 2 year home residency requirement or obtain a waiver. You need to have the waiver approved prior to filing the i-130/I-485 combo as given in the guides.

[Que Saudade 284]

Try reading and digging around in here

[Que Saudade 284]

Basically there are 5 ways to seek a waiver for the 2 year FRR.

#1-The exchange visitor establishes that enforcement of the two year home residency requirement would result in exceptional hardship to their US citizen or lawful permanent resident

#2-The J1 visa holder's government does not object to them staying in the US, as evidenced by a letter of no objection

#3-A US government agency requests that the two year home residency requirement be waived for the J1 exchange visitor.

#4-The exchange visitor is likely to be persecuted upon return to their country of last residence or nationality

#5-The individual is a foreign medical graduate and is in the US on a J-1 visa for graduate medical training or education, and a state department of public health requests that the two year home residency requirement be waived.

While it is possible to do it yourself, because of all the legal implications, a good immigration lawyer skilled in waivers would be advisable.

Edited August 13, 2012 by Que Saudade