J-1 to U.S. Green Card

J-1 to Green Card

The J-1 visa is a dual intent visa, which means that you are able to apply for adjustment of status to a lawful permanent resident in the United States without invalidating your J visa status.  Individuals present 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 noncitizen first needs to file an immigrant petition with 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.  Your immigration opportunity is valuable, and you do not want to make errors in the immigration application process.  For assistance with your adjustment of status application to obtain your U.S. green card, please call or email JCS Immigration and Visa Services.  Our experienced Los Angeles immigration attorneys are ready to help you today!  [LINK TO CONTACT JCS]

When can I apply for my green card?

You may file an immigrant petition at any time, even if you are subject to the two year foreign residency requirement.  Once approval of your immigrant petition is obtained, you will need to satisfy the two year foreign residency requirement before you are eligible to adjust your status or apply for an immigrant visa.  You can obtain a waiver for the two year residency requirement to satisfy the requirement as well.   If a waiver is obtained, you may adjust your status without leaving the U.S.  For more information on obtaining a two year residency waiver, please read more here.  [LINK TO J VISA 2 YR WAIVER]

How can I apply for my green card?

 

A J-1 holder has the following three options to obtain a green card:

 

  • File the immigrant petition and the J-1 waiver at the same time
  • File the J-1 waiver first and then file immigrant petition after J-1 waiver is approved
  • File the immigrant petition first and then file J-1 waiver after immigrant petition granted

 

Immigration law is a complex and ever changing field of law.  If you are considering applying for a green card while you are in J-1 status, you should seek experienced legal advice.  Our Los Angeles immigration attorneys can provide you with the counsel you need and meet all of your immigration and green card needs.   Call or email today!    [LINK TO CONTACT JCS]

Comments are closed.