Legal Question in Immigration Law in California

Re: marriage to green card holder

I assume that the J visa holder is not subject to the two-year home residency requirement, then seeking status through the green card holding spouse would be an option. However, if the visa is already expired, then they must be careful as to how many days of unlawful presence they have accrued. They must be in valid status to adjust status in the US. If they are not in legal status and have accrued over 180 days of unlawful presence then it may not be advisable for them to leave the US. It is advisable to consult with an immigration practitioner before taking action.

Re: marriage to green card holder

If your spouse who is a green card holder petitions for you today, it's going to take at least five years before you can apply for permanent residence because of the waiting list and. Meantime, if you stay here, you'll be accumulating unlawful status and will eventualy have to leave the US to get your imimgrant visa. Like the previous reply says, you'll be subjected to the three or ten-year bar.

If you are subject to the two-year residence requirement (because of the J-1 visa), you'll have to leave the U.S. anyway for two years before you can apply for permanent residence unless you get a waiver.

Too bad your spouse isn't a US citizen. That would possibly help a little bit more.

Liem Doan, Esq.

Re: marriage to green card holder

J1 has a severely restrictive condition which requires the bearer to leave US when it expires. The only possibility that I can think of off hand, would be a request for a waiver.

Call your immigration lawyer. If you do not have one, call any of the responding attorneys on this bulletin or call me (323)782-0099.

Re: marriage to green card holder

J1 visa has two year residency requirement unless you are elgible for waiver. It would be better if the green card holder takes US Citizenship, the process which shouldn't take more than 6 months..which would shorten the time span to get a green card as spouse of a US Citizen but in all likelihood J1 visa holder has to go back to his/her country to comply with residency requirement and change his/her status.