Legal Question in Immigration Law in Michigan
Hello My Dears Lawyers: As i asked before, i am an exchange student program sponsored by the U.S government. I signed on the contracts prior to coming to U.S. the contracts say literally (( Participants, under the Terms and Conditions of the Program as well as J visa requirements, MUST return to their home country for TWO YEARS immediately upon completion of the academic program before they are eligible to apply for an H visa, and L visa, or a green card. Marriage to a U.S. citizen or birth of a child in the United States does not exempt participants of the two-year home country physical presence residence requirement. NO visa extensions or transfers, whether for U.S. undergraduate or master�s programs, other academic study, employment, practical training in the United States, or any other activity, will be granted by American Councils or ECA. NO exceptions will be made.
So, i was supposed to have a J1 visa, but by mistake the U.S embassy gave to me a visa F1 by mistake, i didn't notice that till after getting to the U.S, the officer in the port gave to me I-94 in a F1 status. so my actual visa and I-94 are both F1. i intend to get married to my girl friend as well as to get through the Green Card process. i have been treated as if i am J1, while the fact i am not. but i admit that i got legally here and my all documents are legal. in the application i should submit to the USCIS for the green card, there is these questions (( In what status your spouse enter the United States?))and ((Have you EVER been a J nonimmigrant exchange visitor who was subject to the 2-year foreign residence requirement and have not yet complied with that requirement or obtained a waiver?)) the answers should be yes or no.. so in my case , what would be my legal answer? because i don't want sound like a fraud eventually or even endanger my future in the U.S. To know, i am getting married soon. Need an Answer please
1 Answer from Attorneys
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Hello I am a J1 visa holder who is subject to the two year home presence... Asked 10/21/11, 10:31 am in United States Michigan Immigration Law