Legal Question in Immigration Law in California

Re: J1 out of status and happily pregnant

Your matter is complex and you should get an attorney. If you are located in Orange, San Diego or Imperial Counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

Re: J1 out of status and happily pregnant

If you were not on the J-1, then you could marry your US citizen fianc� (assuming he's a US citizen), and adjust status to a green card while remaining here. Unfortunately, as you probably know (or should know), most J-1 visas have the 2-year foreign residency requirement preventing you from getting a green card until you go back and live in your country for at least 2 years. You would have to check the J-1 program that sponsored you and see if the requirement applies to you.

Assuming it does apply to you, you would have to get a waiver approved to waive this requirement. The waiver can be obtained through a few ways, including extreme hardship to a US citizen spouse and child if you were forced to live apart from them. It is not easy to get, however, and realistically, usually only succeed with the help of a professional immigration lawyer. I recommend you consult with one.

As for your health insurance, as far as I know, a spouse is covered on his/her spouse�s health insurance if the premium is paid, regardless of their legal status in this country.

Larry L. Doan, Esq.

(Straight-talk on Immigration Law at www.GuruImmigration.com)

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Re: J1 out of status and happily pregnant

The first thing you need to know is whether you are subject to a two year foreign residence requirement associated with some, but not all, J-1s. If you are, then you need a waiver before adjustment of status is approved, preferably obtained quickly so you can file for adjustment and travel as you wish. If you deliver abroad, the child could be registered at the U.S. Embassy as a U.S. citizen as well as probably a citizen of your home country.

You really need some legal advice to be sure you don't end up separated from your husband for two years.

I'll be happy to help you out if you'd like to contact me offline. Check me out at http://www.yardum-hunter.com or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

Re: J1 out of status and happily pregnant

Assuming you are not subject to the 2 year home residency requirement (it should say so if you are on the J-1 visa you have), you can marry a U.S. citizen and apply for lawful permanent residence.

Comprehensive information can be found here:

http://www.msclaw.com/Green_Card_for_Spouse.html