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.


Asked on 5/11/10, 11:28 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

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.

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Office Telephone line is 1-402-210-2040 (please email first to schedule a consultation).

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Answered on 5/16/10, 6:44 pm


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