Legal Question in Immigration Law in Michigan

Hello I am a J1 visa holder who is subject to the two year home presence requirement. I am married to an US citizen but I haven't start the green card/ residence process because of the mentioned restriction.

I also have a B1/B2 visa. Someone told me that if I leave the US, and re-enter it with my visitor's visa, then I can start the green card process and ignore the two year home requirement of my previous visa. I would like to know the veracity of this statement, because it would be very hard for me to get a waiver for the J1 requirement.

Thank you!


Asked on 10/21/11, 10:31 am

1 Answer from Attorneys
Dianne Brooks The Mandel Law Firm

There is no way to get out of the 2 year return requirement unless a waiver is granted. Once you leave the U.S., the visitor's visa is over, you would need another and you won't get it based on the J-1 requirement. If you have any further questions please feel free to call me at (866) 723-7610.

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Answered on 10/21/11, 12:15 pm


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