Legal Question in Immigration Law in Michigan
Hello,
I am a J1 visa holder who is subject to the two years home presence rule. I came to the US with a scholarship to work on my master degree. I graduated on May 2010 and right now I am on academic training. I have an American boyfriend who wants to marry me. I will like to know what is the process to obtain the non-objection waiver and later change my visa.
Thank you!
2 Answers from Attorneys
You will have to apply first with the Waiver Division of the Department of State. If they issue a recommendation, they'll forward your case for approval to the USCIS. When and if a waiver is granted -- you can apply for adjustment of status (permanent residency) based on a bona fide marriage to a US citizen.
I have had a number of cases approved through a no-objection waiver in the past years.
If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at Attorney @law-visa-usa.com and I will send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.
Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html
Obtaining a waiver of the two year foreign residency requirement is a complicated and difficult process. The first thing is to make sure you are subject to the 2 year foreign residency requirement by looking at several things including the skills chart for your country, etc. That is where our office normally starts. If you are subject to the 2 year foreign residency requirement, we then look at what the procedure would be for a waiver and discuss that with you including an estimation of the time period for the process. I suggest you make an appointment with our office for a free face to face consultation. Please call us at (248) 619-0065.
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