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.
For more information on obtaining a Green Card, please click here.
For more information on consular processing and AOS, please click here.
An alienmay file an immigrant petition at any time, even if theyare subject to the two-year Foreign Residency Requirement. Once approval of theirimmigrant petition is obtained, theywill need to satisfy the two-year Foreign Residency Requirement before theyare eligible to adjust theirstatus or apply for an immigrant visa. Theymay satisfy the Foreign Residency Requirement by either obtaining a waiver or residing in theirhome country for two (2) years. If they doobtain a waiver, theymay adjust theirstatus without leaving the U.S.
A J-1 holder has the following three (3) options to obtain a Green Card:
- File the immigrant petition and the J-1 waiver at the same time; or
- File the J-1 waiver first and then file immigrant petition after J-1 waiver is approved; or
- File the immigrant petition first and then file J-1 waiver after immigrant petition granted.
Example:
Jenny is a J-1 holder. Jenny simultaneously files an immigrantpetition and applies for a waiver of the two-year residency requirement. If her immigrantpetition and waiver application are both granted, she may change her status without leaving the U. S.
If her immigrantpetition is granted but her waiver application is denied, she needs to return to her home country and reside there for two (2) years. After two years, she is eligible to apply for an immigrant visa to enter the U. S.
The procedures for an immigrant petition and a J-1 waiver are complicated. We recommend that you seek the advice of an experienced immigration attorney to increase your chances of success.
For more information about J-1 visa, please refer to the following links:
