Legal Question in Immigration Law in Illinois

i came here on j1 visa for one year study and i get married from american woman and i have to years requirment to go back to my country , i tried to a waiver and i got non objection letter from my country but deperment of state denied this waiver , and iam out of statues now i dont want leave my wife what can i do , can i adjustment statues or change my visa here to f1 visa and apply for green card or i have go back there and then apply for f1 visa to come back here , or can i apply for green card through my two years residency requirement , what should i do, and put in you mind iam out of statues


Asked on 12/30/09, 8:53 am

2 Answers from Attorneys

Michael Harris Law Offices of Kravitz and Guerra, P.A.

Your case should be evaluated by a qualified attorney to determine if you can challenge the decision denying your waiver of the 2 year home residency requirement. Without more information, it will be difficult to fully advise you as to the procedure.

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Answered on 1/04/10, 8:58 am
Luba Smal Smal Immigration Law Office

The general rule is: a person cannot apply for a Green card through adjustment of status process UNTIL and UNLESS their 2-year home residency requirement was either waived OR satisfied by staying abroad in their home country for 2 years.

If the Dept of State denied your waiver request, you may want to discuss this with an attorney, and see what can be done.

You can't apply for a Green Card if your are still subject to 212e. If you do, you will be denied and can be placed for deportation. If you are out of status, your options are very limited.

If a waiver can't be obtained, you will have to spend 2 years in your home country.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and assist in matters of U.S. immigration law to clients from all States, as this is the matter of U.S. federal law.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn�t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/04/10, 9:25 am


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