Legal Question in Immigration Law in Maryland
I currently have J-2 visa and working as a manager with working permit.
Can I apply for a green card with my J-2 status? My husband, J-1 visa holder as a student, has 2 year home residency requirement and we are plan to request a waiver because he did not receive any financial assistance. What we need to do for that and how long does it take usually?
Thank you in advance.
1 Answer from Attorneys
Before applying for a green card, the 2-year foreign residency requirement has to be waived. The application is filed with the Waiver Division of the Department of State. If and when approved, you or your husband can apply for a green card (provided that you have some independent eligibility ground to apply for permanent residency).
As dependent J2 visa holder, you are subject to 212e 2-year requirement as well as your husband.
If approvable, J1 waiver takes a few weeks.
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