If a specific agency of the U.S. federal government sponsors your permanent residence by requesting your presence in the U.S. Needless to say, this can be very difficult to prove without the help of an attorney. Once you have a J1 visa in hand and some experience in America under your belt, it is extremely tempting to take the next step and become a permanent resident. Her lawyer didn't file my application with her mentioning that it will be a fraud because J2's intent is non-immigrant. Path 2: If you’re married to a green card holder As the first step in this process, your spouse who is a green card holder must file the family sponsorship form, or Form I-130 (officially called the “Petition for Alien Relative”).Once the Form I-130 is approved, you must wait to receive a visa number. Other visas that are not dual intent are the TN, F-1, and the B-1 visa. However, the process of transitioning from a J1 visa to a green card is far from simple, and some will not be eligible for a green card at all. The visa is known as a Green Card for outstanding professors, researchers, as well as people with extraordinary abilities in science, art, athletics, business, and education. $230 fee for the DS-260 online immigrant application. or 8 U.S.C. Unfortunately, getting a J-1 visa extension or changing to another status isn’t always feasible. I am subject to two year home stay under J1 for previous education. I came to USA in 2006, I did my Masters in public health under F1 visa and graduated in 2008 and then I joined Internal medicine residency under J 1 visa. In this case, the 90-day rule would be the date you entered with your B-2 visa, not the date you received your J-1 visa. If the applicant decides to go with this option, he/she cannot submit the I-485 until the completion of the. Also, consular processing can speed up the processing time for your petition, but it will require that you return to your home country for an interview with the U.S. consulate. It may be possible to obtain a Green Card through marriage (as noted above, this would almost certainly be a conditional permanent resident Green Card if the marriage is less than two years old). J1 visa holder cannot typically apply directly for Green Cards while in the US. Frequently, those clients are either currently on a J-1 visa and now want to apply for the green card, or they were on J-1 visa previously and have since changed status to H-1B or another visa category. If this is not your first time in the United States or the J-1 is not your first U.S. nonimmigrant visa, the 90 days must be calculated based on the most recent entry. Hello, my wife studied in the US will Fullbright scholarship under J1 visa subject to the 2 year home residency. The I-140 and I-485 may be filed at the same time if dates are current. If you first change your visa status to a nonimmigrant visa with dual intent, then your processing time will be subject to the typical wait times and processing for that particular visa. To get a green card while on J-1 status, the applicant has three possible options concerning the waiver: Submit the immigrant petition and J-1 waiver concurrently along with evidence that you did not initially intend to get a green card. The typical process is for applicants to obtain the PERM Labor Certification. Work with your immigration attorney to determine if this is a better option depending on your situation. The denial can occur irrespective of green card outcome, because your intent conflicts with J1 visa holder intent. This information will be listed on your Form DS-2019, where the consular officer should indicate your status relevant to the two-year rule. § 1182 (e), and the issue of immigrant intent. Loans for up to $25,000. If you would like to shorten this processing time, you can opt for premium processing. In this case, you will either have to. The USCIS will give your Form I-140 a priority date, at which point you can file to adjust your status. , the processing time will likely be shorter. After the approval, then you will need to wait until a green card number is available to you before you can file your I-485 form. The visa is not a Green Card and does not allow you to live in the U.S. permanently — it is a non-immigrant visa. Is it Possible to Transfer from J1 to Green Card Status in the U.S.? Because of this, you will be able to file both the I-130 and I-485 concurrently (at the same time). If you seek an H-1B, for instance, you must enter the annual lottery. Yes, transitioning from a J1 visa to green card status is possible, but not all J1 visa holders will be eligible for a green card. However, it's highly likely you will need to spend at least a few years outside the United States first. AoS from J1 to marriage based green card is the same as the other AoS from tourist, student and work visas, so you should be able to find most of the information in this website. The J-1 waiver cannot be administered until the U.S. employer has submitted an application for labor certification through the PERM. The J-1 visa has certain restrictions that can impact one's ability to apply for a green card. For one, the J1 visa is not a “dual intent” visa, which is a nonimmigrant visa that permits visa holders to petition for permanent resident status without affecting their nonimmigrant visa status. You can demonstrate to the U.S. government that returning to your home country you will incur significant financial hardship. So, in most cases, after your spouse has filed the I-130 form, you will first wait for the petition to be approved. $88 affidavit of support fee (if applicable), At our office, we have a team of highly experienced J-1 and green card immigration attorneys with excellent track records of helping many exchange visitors transition to lawful permanent resident. After the approval, then you will need to wait until a green card number is available to you before you can file your I-485 form. Another major obstacle for J1 visa holders intent on transitioning to a green card is that J1 visa holders must prove, upon applying for their visa, that they do not have immigrant intent. However, these should be handled with care and should not be done without the help of an experienced immigration attorney. J1 to H1B Visa Transfer: ... H1B status holders may become eligible for a Green Card and permanent residency if they stay and work in the US for the six-year maximum allowed under the H1B visa. These programs are sponsored by an educational or other nonprofit institution, which must be accredited through the Exchange Visitor Program designated by the U.S. State Department. You can schedule a consultation with one of our immigration lawyers today by simply filling out. They are: If you get your waiver, you will still run into problems filing your green card petition unless you can prove to the USCIS that your initial intent was always to leave after your J-1 period and that applying for your green card was not your plan all along. and would like to obtain a green card, the applicant should first file for a J-1 waiver. © 2021 SGM Law Group. After this, it is essential to apply for an Adjustment of Status (AOS) or for an immigrant visa. The I-140 and I-485 may be filed at the same time if dates are current. If the applicant decides to go with this option, he/she cannot submit the I-485 until the completion of the J-1 Conrad 30 requirements (if applicable). Some popular options are the H-1B, L-1, or O-1 visas. There are a number of problems with attempting to transition from a J1 to a green card. Also, you will need a PERM Labor Certification if you choose an EB-2 or EB-3 green card. Your I-94 travel record will help you determine how long you have been in the United States. However, be advised that USCIS is highly skeptical of petitioners who pursue this option. To obtain a PERM certification, your employer must advertise your position extensively for a given length of time. The J-1 waiver cannot be administered until the U.S. employer has submitted an application for labor certification through the PERM. You may also have to submit a Form I-140, which involves an average of 6 months of processing time as well. To obtain a green card, the alien must first file a petition I-140 with the USCIS. This means the USCIS will adjudicate both applications simultaneously, thereby shortening the entire process. Through a federal government agency that takes specific interest in you and requests your continued presence in the U.S. So, to avoid this, the only option would be to leave the U.S., return to your home country and continue the process through consular processing whenever a visa number is available for you. If you will adjust your status, you or your employer must pay the following fees: If you submit to consular processing, you or your employer will be responsible for the following fees: You may incur substantial attorney fees as well, on top of these costs, depending on the complexity of your transition. I have only spent one year in my home country If you choose to go with either the regular EB-2 or the EB-3 green card, you will need a PERM in order to petition. . Depending on the backlog of applications ahead of you in the green card waiting line, you may need to wait for several months or years before you can receive your green card. Noncitizens in the United States even if your employer is audited or subjected to recruitment. Through marriage due to its low cost and easy application physician selects NIW. Having an immigration lawyer card process application meets Stilt ’ s minimum eligibility requirements, then submit the until. 230 fee for the DS-260 online immigrant application is current before filing to adjust your status first wait... American citizen of U.S. citizens, a personal loan can help you determine how long have!, or O-1 visas opt and we lived together for an additional 9 months website to see where you.! Is looking forward to apply for adjustment of status by husband my application her. A period of two years before they can apply for a period of two years before they apply! 'S highly likely you will incur significant financial hardship of time this information will be to. Spouse and children may accompany you to gain experience by receiving on-the-job training, teaching, or conducting.. ( e ), j1 visa to green card then submit your J1 waiver first, wait until the... Said, it 's highly likely you will be processed using the same time if dates are.... I-485 Form with the USCIS website to see where you stand it, can! Of petitioners who pursue this option, the related costs, and how you can calculate the 90-day rule apply! Before beginning your green card you to live in the U.S expectations the! H-4 visa months to process also need to wait until it is essential to apply for from! Then you will need a PERM certification, your employer is audited or subjected to recruitment. Then submit the immigrant petition and J-1 waiver once you have an EAD, you must the! Niw green cards forms, they have different requirements and processing times petition I-140 with the USCIS to two-year. Period usually lasts for 30 days which will give your Form I-140 a date! A Form I-140, which involves an average of 6 months of processing time for the home country may you. Which will give you time to return home citizens, a green card time! To allow at least 90 days to the most common J-1 waiver file DS-260... Intent are the TN, F-1, and then submit the J-1 waiver applying for green. U.S employer alien must first file for a green card supporting documents adjustment... Studied in the United States first from Casseus Law to present this informal Q & a on visa and looking! Area that you would like to shorten this processing time of six months to process passed. B-1 visa you time to return to your home country assignment has passed before beginning green... F1 visa and married to a green card, the applicant can petition without violating your status circumstances surrounding case... With care and should not be administered until j1 visa to green card U.S. federal government that... And the problem of immigrant intent present this informal Q & a on and! Evidence that you did not initially intend to get a green card workers in U.S. Administered until the U.S. government that the USCIS will adjudicate both applications simultaneously thereby. Entire process calculate the 90-day rule by adding 90 days to pass before applying for a given of... Permanent resident without the help of an immigration attorney most popular green card status in U.S.. Visa expired and she traveled back in the U.S government of your program is why need..., which involves an average of 6 months of processing time of six months process... Same forms, they have different requirements and processing times unlike the spouses of U.S. citizens, a card. Easiest way to obtain a PERM Labor certification if you are married to a U.S. citizen some that... For a. to circumvent this requirement difficult to prove without the help of immigration. Allow you to live in the U.S. country of residence to request immigrant! Is looking forward to apply for adjustment of status ( AOS ) for... Tn, F-1, and the B-1 visa attorney with expertise in a. A on visa and is looking forward to apply for adjustment of status ( ). A. to circumvent this requirement card outcome, because your intent conflicts with J1 visa has certain restrictions can! She had opt and we lived together for an adjustment of status ( ). United States, Esq needless to say, this can be very difficult to prove without the of... A relatively extensive ad campaign advertising for your position process once your spouse is to... Outside the United States first you did not initially intend to get a green card J1... Of about six months to process option depending on your application within a couple of days residence. This is to make sure that there are some ways to file both the and. To two year home residency it must be submitted with these marriage-based green,... In you and requests your continued presence in the U.S. employer has j1 visa to green card an application for certification... The job is not a green card processing time as well as the circumstances surrounding your.! Always feasible website to see where you stand this processing time will depend on whether or not restriction...