Is it Possible to Transfer from J1 to Green Card Status in the U.S.? However, be advised that USCIS is highly skeptical of petitioners who pursue this option. 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. 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. This is why you need the service of an immigration lawyer. You will have to factor in the processing time and money that is involved with getting a dual intent visa on top of the usual method of getting a green card. 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. 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. Once the J-1 waiver has been approved, the physician has two options: File for the PERM Labor Certification by a U.S. employer, or, File for a National Interest Waiver (NIW) for an EB-2 green card, If the PERM application is authorized, the U.S. employer is capable of filing for the I-140 on the J-1 visa holder’s behalf. If your J-1 status expires before an immigrant visa number becomes available, you will need to get a J-1 extension or apply to change your status to another nonimmigrant visa in order to continue staying in the U.S. while the green card application is pending. There are four options for obtaining a J1 waiver: Another obstacle that may arise in obtaining a J1 waiver is that your visa sponsor may revoke your J1 visa once you petition for a green card. NOTE: 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. Because of this, J-1 visitors are always advised to allow at least 90 days to pass before applying for a green card. But, changing your J1 to F1 visa (for instance) will allow you to … and would like to obtain a green card, the applicant should first file for a J-1 waiver. This means you must demonstrate your intent to return to your home country when your visa expires. If the alien resides in the U.S., they should use an AOS application. If you seek an H-1B, for instance, you must enter the annual lottery. Your J1 visa has a grace period upon the completion of your program. Due to death of a family member I went out of USA for one month and I came back on J2 Visa, initially I was on F1 Visa. I am subject to two year home stay under J1 for previous education. process once your spouse is ready to sponsor your application. Visa and Green Cards for Researchers Q&A. Because of this, you will be able to file both the I-130 and I-485 concurrently (at the same time). As you can see, the cost of transitioning to a green card is not insubstantial and is one of the biggest obstacles J1 visa holders face to obtaining permanent resident status. 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. 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. These restrictions include the two-year foreign residence requirement that applies to some J-1 holders under § 212 (e) of the Immigration and Nationality Act (I.N.A.) (if applicable). Submit the J-1 waiver, have the waiver approved, and then submit the immigrant petition Marriage is another way of transitioning from a J-1 visa holder to a green card holder. This involves the visa holder returning to their home country for a period of two years before they can apply for a green card. Cost of Transition from a J1 Visa to a Green Card, How to Get a Personal Loan to Cover Your J1 to Green Card Fees, advisory opinion from the U.S. Department of State, Individuals who participated in an exchange program that was financed by the United States federal government, or by the government of the visa holder’s home country, The U.S. government has designated your home country as having few people with the skill set and expertise in your particular occupation or field, You have been medically trained in the U.S., either as a resident or intern. Speak with your immigration attorney to determine which route is best for your case. In any case, you will also need to wait until your priority date is current before filing to adjust your status. Finally, adjusting your immigration status also involves filing a Form I-485, which takes an average 6 months of processing time along with the I-140 and PERM certification. Consulting an immigration attorney can help you determine which of the three following options gives you the best chance of success: Many J1 visa holders seeking permanent resident status also first change their visa status to a nonimmigrant visa with dual intent, like an H-1B. If returning home would expose you to the threat of persecution. The processing time for transitioning from a J1 visa to a green card will vary based on your circumstances and the class of green card you’re seeking. Because of this, you will be able to file both the I-130 and I-485 concurrently (at the same time). With H1B status, your spouse and children may accompany you to the US under an H-4 visa. This information will be listed on your Form DS-2019, where the consular officer should indicate your status relevant to the two-year rule. 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. J1 Waivers and Green Card options October 12, 2012 / 0 Comments / in Green Cards, j1 and j2 Waivers, Work Visas / by admin. While your adjustment of status (I-485 form) is being processed, you should avoid traveling internationally until you have obtained a travel permit, which is officially known as Advance Parole Document. Your I-94 travel record will help you determine how long you have been in the United States. Unfortunately, getting a J-1 visa extension or changing to another status isn’t always feasible. The purpose of the PERM Labor Certification is to verify that the offered position cannot be completed by a qualified, able, and available United States worker. holders are not eligible for the U.S. green card. are capable of advising you on the decisions best suited for the qualifications and expectations of the visa. Depending on the workload at the USCIS service center in charge of your case, you should be able to receive a decision on your petition within 10 to 13 months. Submit the J-1 waiver, have the waiver approved, and then submit the immigrant petition. Those in the United States on J-1 visas are eligible to apply for a Green Card through employment based or family based immigration.In order to obtain a Green Card, the alienfirst needsto file an immigrant petition (I-140) with the USCIS and then either apply for an Adjustment of Status (AOS) petition if they are living in the U.S. or an Immigrant Visa through consular processing if they are living in a foreign country. While immigrants are often denied credit and loans because of their lack of credit history and temporary status, lenders like Stilt are geared specifically towards immigrants. Your J-1 to marriage-based green card process will depend on whether you are married to a U.S. citizen or a permanent resident. Have expressed an intent to return home years before they can apply for an immigrant visa abroad the. 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