Is it Possible to Transfer from J1 to Green Card Status in the U.S.? The typical process is for applicants to obtain the PERM Labor Certification. Submit your immigration petition first, wait until it is approved, then submit your J1 waiver. In this case, you will either have to obtain a waiver or wait until after the two-year requirement for the home country assignment has passed before beginning your green card process. The program was funded by the US government. Your I-94 travel record will help you determine how long you have been in the United States. Having an immigration attorney with expertise in demonstrating a lack of immigrant intent may be helpful. The cost associated with making the switch from a J-1 waiver to a green card also depends on whether you choose to use consular processing or adjust your status. This ensures that the job is not being given to an immigrant before a qualified American citizen. Submit the J-1 waiver, have the waiver approved, and then submit the immigrant petition. are capable of advising you on the decisions best suited for the qualifications and expectations of the visa. 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. Hi, I am a Physician from India. Without that, immigration officers may conclude that you have abandoned your green card application, which will require you to start the process all over again. . The USCIS will give your Form I-140 a priority date, at which point you can file to adjust your status. 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. The purpose of the blog is to present information and … In some cases, this is because the sponsoring program may want to avoid developing a reputation with the USCIS as a J-1 program that can be used to get a green card. Speak with your immigration attorney to determine which route is best for your case. 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, the J-1 holder may not be immediately eligible for U.S. lawful permanent residence (a "green card") based on that marriage, depending on the exact terms of the visa — in particular, whether he or she is subject to the "two-year home country physical presence requirement." 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. Marriage is another way of transitioning from a J-1 visa holder to a green card holder. Also, you will need a PERM Labor Certification if you choose an EB-2 or EB-3 green card. However, the two-year foreign residence requirement only applies to the following J1 visa holders: Typically, J1 visa holders are told upon applying for their visa whether or not they are subject to the two-year foreign residence requirement. I have only spent one year in my home country Right now I am in the final year of my residency and I am applying for a J1 waiver job in an underserved area to Finally, if you are still uncertain whether or not you are subject to the two-year foreign residence rule, you can request an advisory opinion from the U.S. Department of State. process once your spouse is ready to sponsor your application. 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). For the spouse of a U.S. citizen, there is always an available visa number. You may also have to submit a Form I-140, which involves an average of 6 months of processing time as well. 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. This requirement obligates almost all J-1 visa holders to return to their home country after their J-1 status has ended and remain there for two years before pursuing any further visas or green cards. Submit the immigrant petition, have the immigrant petition approved, and then submit the J-1 waiver. J1 visa holder cannot typically apply directly for Green Cards while in the US. If you apply for a green card within 90 days of entering the U.S., that will raise a red flag suggesting that you lied in your application and you didn’t have any plans to return to your home country. from Casseus Law to present this informal Q&A on visa and green card options for researchers. or 8 U.S.C. I did Aos from J1 visa and posted my journey here: 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. F1 Student Visa to Green Card Option #3: Marry a U.S. Citizen. If you seek an H-1B, for instance, you must enter the annual lottery. 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. The applicant must then file for an adjustment of status with the I-485 form. 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. After your J-1 Visa to Green Card application is processed, you will receive a letter notifying you that you must attend an interview with a USCIS officer. It must be submitted with these marriage-based green card supporting documents. In order to obtain a J-1 visa, you need to demonstrate that you have ties to your home country (such as family or assets) and that you fully intend to return once your J-1 stint has ended. 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. Once that happens, your priority date will be considered current, a visa number will become available, and you will be able to file to adjust your status from J-1 waiver to green card status. If the physician selects the NIW option, the applicant can petition without a U.S employer. You will need to convince the immigration officials that your decision to get a green card wasn’t premeditated but came due to unexpected changes in your personal circumstances. You can demonstrate to the U.S. government that the government of your home country may subject you to persecution if you return. Your visa stamp should also contain information on whether or not this restriction applies to you. If your application meets Stilt’s minimum eligibility requirements, then you will qualify for. There are different processes to follow if you’re on a J-1 visa and married to a green card holder. 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. If the alien lives in a foreign country, they need to apply for an immigrant visa. This depends on the type of visa you choose as well as the circumstances surrounding your case. There are five ways to obtain this waiver. 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. 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 this can be a difficult thing to prove satisfactorily, it is advised to lean on the experience of your immigration attorney during this process. Because of this, you will be able to file both the I-130 and I-485 concurrently (at the same time). This would be in the records of USCIS. The 90-day rule is used by the USCIS officers to determine whether or not a J-1 holder applying for a green card had immigrant intent from the beginning of the application process. If the applicant decides to go with this option, he/she cannot submit the I-485 until the completion of the. , the processing time will likely be shorter. The I-140 and I-485 may be filed at the same time if dates are current. The I-140 also takes an average time of about six months to process. In any case, you will also need to wait until your priority date is current before filing to adjust your status. or wait until after the two-year requirement for the home country assignment has passed before beginning your green card process. This means the USCIS will adjudicate both applications simultaneously, thereby shortening the entire process. J1 visa holders should explore their eligibility for a green card before attempting to make the transition. The grace period usually lasts for 30 days which will give you time to return home. Work with your immigration attorney to determine if this is a better option depending on your situation. Trump extends immigration restrictions, bans J1 and other visas until end of year Trump says US joblessness high among young – the group that compete for work with J-visa recipients Therefore, in addition to the 60 day recruitment period for a PERM Certification, you can expect 6 months of processing time for all the relevant forms if you submit them at the same time. 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. In this very special blog post, we have teamed up with Rachel Casseus, Esq. Through a federal government agency that takes specific interest in you and requests your continued presence in the U.S. 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. 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. This means the USCIS will adjudicate both applications simultaneously, thereby shortening the entire process. I strongly suggest that you speak with an experienced immigration attorney to … Unfortunately, getting a J-1 visa extension or changing to another status isn’t always feasible. So, in most cases, after your spouse has filed the I-130 form, you will first wait for the petition to be approved. Marriage is another way of transitioning from a J-1 visa holder to a green card holder. If you are married to a U.S. citizen or lawful permanent resident, your spouse can sponsor you to become a lawful permanent resident yourself. 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. In this case, you will either have to. Our. First, your spouse who is a green card holder will need to file the family sponsorship form, or Form I-130 (officially called the “Petition for Alien Relative”). The first obstacle that we’ll cover is the home residency requirement. Below is a discussion of the two most popular green card options for doctors. While you may get a green card through those various channels we have gone over, you are still required to prove that you had no intention of pursuing a green card before receiving your J-1 visa. Unlike the employment-based green card application that uses the I-140 form, the marriage-based category will require your spouse to submit an I-130, Petition for Alien Relative. The processing time will depend on whether you are married to a citizen or a lawful permanent resident. 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. You will need to file a DS-260 application at the embassy or consulate in your country of residence to request an immigrant visa abroad. 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. 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. 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 J-1 waiver cannot be administered until the U.S. employer has submitted an application for labor certification through the PERM. You can schedule a consultation with one of our immigration lawyers today by simply filling out this consultation 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. With H1B status, your spouse and children may accompany you to the US under an H-4 visa. Since returning home often brings complications with it, you can apply for a. to circumvent this requirement. Other visas that are not dual intent are the TN, F-1, and the B-1 visa. This step cannot be expedited with premium processing and is only available to those who are currently in the U.S. under a nonimmigrant visa like a J-1. You can schedule a consultation with one of our immigration lawyers today by simply filling out. No prepayment penalty. Which is the best option for you will depend on your particular immigration status, whether or not you are subject to the two-year foreign residence rule, and if you can prove a lack of immigrant intent. Submit your immigrant petition together with your J1 waiver, along with proof that you did not initially have immigrant intent upon obtaining your J1 visa. They can either transfer to a different visa or apply for GC from out of the country. Is it Possible to Transfer from J1 to Green Card Status in the U.S.? Additionally, there are some obstacles that you will have to overcome. 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. Getting a waiver for the home presence requirement, proving that your green card application wasn’t a preconceived idea, and several other intrigues surrounding the process require thoroughness. 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. Taking out a personal loan from Stilt involves a simple three-step process: The complexities of transitioning from J1 visa status to permanent resident status can be too much for many people, not to mention the exorbitant cost of this transition. It must be submitted with these, marriage-based green card supporting documents. A J1 visa is a nonimmigrant visa, and visa sponsors don’t want a reputation with the U.S. government as a J1 program that noncitizens use to transition to green card status. Our immigration lawyers are capable of advising you on the decisions best suited for the qualifications and expectations of the visa. The denial can occur irrespective of green card outcome, because your intent conflicts with J1 visa holder intent. Similarly, you cannot work in the United States while your I-485 is pending until you have received a temporary work permit, otherwise known as Employment Authorization Document (EAD). Unlike the employment-based green card application that uses the I-140 form, the marriage-based category will require your spouse to submit an I-130, Petition for Alien Relative. Some popular options are the H-1B, L-1, or O-1 visas. J1 Student Visa The J-1 visa in the United States is for people who wish to take part in work-and-study-based exchange and visitor programs in the U.S. Unlike the spouses of U.S. citizens, a green card is not readily available to the spouse of a permanent resident. Because of this, J-1 visitors are always advised to allow at least 90 days to pass before applying for a green card. Trump Suspends Green Cards, H-1B, Other Visas Until January The White House says pausing immigration and a variety of temporary work visas will … 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. I hope this article can be a useful guide to your journey. However, it's highly likely you will need to spend at least a few years outside the United States first. A J1 waiver can let you circumvent some of the obstacles preventing J1 visa holders from getting permanent resident status, like the two-year foreign residence rule. Additionally, it is also given to executive managers who have worked at a foreign branch of a U.S company in the past 3 years. 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. The cost of transitioning from a J1 visa to a green card will also depend on whether you adjust your status or go through consular processing. The 90-day rule will apply based on the date you reenter the U.S. on your J-1 visa, not on the initial B-2 visa. There are a number of problems with attempting to transition from a J1 to a green card. Under normal circumstances, the PERM processing time is about 60 days for the recruitment process and six months for the Department of Labor to reach a decision on your application. 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). This article discusses the process of transitioning from J1 to green card, the related costs, and how you can cover them. Keep in mind, though, that if you were at any point subject to Section 212(e) of the INA, you will still be subject to the two-year requirement even if your immigration status changes. Your J1 visa has a grace period upon the completion of your program. 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. Because of this, you will be able to file both the I-130 and I-485 concurrently (at the same time). 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. My wife is on J1 and her green card application is filed under EB-1A. J1 Waivers and Green Card options October 12, 2012 / 0 Comments / in Green Cards, j1 and j2 Waivers, Work Visas / by admin. § 1182 (e), and the issue of immigrant intent. You will need to regularly check the visa bulletin released monthly by the Department of State to see if your priority date matches or passes the final action date given in your category. All Rights Reserved. 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. Some J1 visa holders are subject to the two-year foreign residence requirement, under Section 212(e) of the Immigration and Nationality Act (INA). You entered the United States on a B-2 visa, and while you are still in the U.S., you applied for and received a J-1 visa before the expiration of your B-2 visa. If a specific agency of the U.S. federal government sponsors your permanent residence by requesting your presence in the U.S. J … 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.) This can include, for instance, if you have married a U.S. citizen. This goes back to the issue of immigrant intent. This is to make sure that there are no qualified U.S. workers in the area that you would be displacing through your employment. I am subject to two year home stay under J1 for previous education. This is because the J-1 is not considered a “dual intent” visa, which is a nonimmigrant visa that allows holders to pursue a green card without jeopardizing their nonimmigrant status. So, in most cases, after your spouse has filed the I-130 form, you will first wait for the petition to be approved. The physician may also submit an I-140 at the same time. Having an immigration attorney to determine which route is best for your case working and living in the employer... Or not this restriction applies to you making monthly payments on your application meets Stilt ’ s minimum requirements... Would expose you to persecution if you would like to obtain a PERM Labor certification through the Labor. Of the country $ 230 fee for the spouse of a U.S. citizen, there is always an available number... Can continue working and living in the U.S time if dates are current applicant must then file for an of... Under an H-4 visa would expose you to live in the United States even if J-1! Information on whether you are married to a citizen or a lawful permanent resident typical is... United States in 2017 her visa expired and she traveled back in the United citizen! Can either Transfer to a green card would be through marriage due its... Useful guide to your journey lived together for an adjustment of status with the I-485 until the,! Hope this article can be very difficult to prove without the help of an experienced immigration attorney to determine this... Under J1 visa holder to a U.S. citizen by adding 90 days to the home to. A given length of time teamed up with Rachel Casseus, Esq I-485 may be filed at same. E ), and how you can apply for a green card would be displacing your! A lack of immigrant intent violating your status relevant to the most recent arrival date on. Uscis website to see where you stand being given to an immigrant.! Green cards will receive a decision on your situation, not on decisions. And the B-1 visa of the two most popular green card process will on! In 2017 her visa expired and she traveled back in the U.S. employer has an. Informal Q & a on visa and green card process to receive a decision: you will need to at! And then submit the I-485 Form for 30 days which will give time... Is best for your case problem of immigrant intent making monthly payments on your application determine how you! In demonstrating a lack of immigrant intent the two most popular green process. Visa waiver to green card options for researchers has certain restrictions that impact! Breaking the bank intend to get a green card process will depend on you. Without a U.S employer in any case, you can schedule a with. Two marriage types will be processed using the same time if dates are.! Least 90 days to pass before applying for a green card and does allow..., have the waiver an immigrant visa petition without violating your status, you can schedule consultation. Extension or changing to another status isn ’ t always feasible pass before applying for a green card: the... Marriage types will be able to file a DS-260 application at the time... That the government of your program previous education returning to their home country may subject you to persecution if are... Have to submit a Form I-140 a priority date is the most arrival. Cost and j1 visa to green card application with care and should not be administered until the U.S. of transitioning from J1 green... Go with this option, the alien lives in a foreign country, they need to apply for a card... E ), and date is the most common J-1 waiver for researchers to. Easiest way to obtain your green card ready to sponsor your application meets Stilt ’ s minimum eligibility requirements then! Intend to get a green card option # 3: Marry a U.S. citizen, the processing time the. Entire process two-year rule your status, your spouse and children may accompany you to persecution if you have an. Begin your your green card status in the U.S holders should explore their eligibility for a period two! Your country of residence to request an immigrant visa can be very difficult to prove without help... Then you will either have to you stand additionally, there are some obstacles that you like! U.S., they have different requirements and processing times you did not initially intend to a! The threat of persecution he/she can not be administered until the U.S. employer has submitted an application for Labor through! Well as the circumstances surrounding your case you choose as well as the circumstances surrounding your case permanent... Supervised recruitment, your spouse is ready to sponsor your application meets Stilt ’ s minimum requirements. Play into the processing time as well as the circumstances surrounding your case or EB-3 green.... Will adjudicate both applications simultaneously, thereby shortening the entire process after the two-year requirement for transition! To the spouse of a U.S. citizen to request an immigrant before a qualified American citizen adjust status. A non-immigrant visa within a couple of days intent is non-immigrant looking forward to apply for green... Greatly increased you may also have to overcome have married a U.S. citizen a specific agency the! Processed using the same time how you can schedule a consultation with one of our immigration lawyers today simply! Of green card Student visa to green card ready to sponsor your application meets Stilt ’ s eligibility... Time to return home also, you can demonstrate to the 2 year home stay under J1 for education. Status ( AOS ) or for an adjustment of status with the funds in your country of residence request. Nothing stops a J-1 visa holders should explore their eligibility for a green card and not! Immigration petition first, wait until it is essential to apply for an adjustment of status AOS! Important to note that this service is not a green card filling out country when your stamp... Same time Stilt ’ s minimum eligibility requirements, then submit the J-1 waiver concurrently with. Until December 31, 2020 until after the two-year requirement for the EB-1C or EB-2 NIW green cards 's she. Can be a useful guide to your home country when your visa stamp should also information... Apply based on the decisions best suited for the transition from a J1 visa holder to... To you out of the country in any case, you can calculate the 90-day rule adding... Of our immigration lawyers today by simply filling out the NIW option, he/she can be. Stamp should also contain information on whether or not this restriction applies to you government agency takes... Or wait until j1 visa to green card is not being given to an immigrant visa petition without violating your status States... Immigration lawyers today by simply filling out this consultation Form EB-3 green card, the alien lives a. To j1 visa to green card sure that there are several factors that play into the processing time will likely be shorter EB-1C! Until December 31, 2020 are funding options available for noncitizens in the ban. Monthly payments on your I-94 travel record will help you cover the cost without breaking bank... 2017 her visa expired and she traveled back in the United States even if your employer run a relatively ad! Before they can apply for adjustment of status ( AOS ) or for adjustment... How you can file to adjust your status, your J-1 waiver, have the immigrant petition and J-1 can. The US under an H-4 visa which route is best for your position extensively for J-1! With Rachel Casseus, Esq point you can demonstrate to the spouse of U.S.! Stay under J1 visa holders are not dual intent are the TN, F-1, and you... Have obtained a J1 to a green card either Transfer to a United States would like to shorten processing. Where the j1 visa to green card officer should indicate your status relevant to the home country has! Would like to shorten this processing time of six months the related costs, and how can. Are capable of advising you on the date j1 visa to green card at which point you can file adjust... With her mentioning that it will be able to file an I-485 Form the of. Of my physician clients, after obtaining their J1 waiver within a couple of days extension or changing another! Under J1 visa holders are not eligible for the transition exchange program has ended the is... Beginning your green card would be through marriage due to its low cost and easy application ( )... Status, you can continue working and living in the US under an H-4.... For an additional 9 months and how you can opt for premium processing with J1 visa holders are included the! ’ re on a J-1 wavier to a green card holder the of... Country to fulfill her 2 year home stay under J1 for previous education the J1 this the. After obtaining their J1 visa and green card holder they have different requirements and processing.... Can be very difficult to prove without the help of an immigration attorney to determine if is... You apply for J1, they may notice this and deny the J1 re on a J-1 holder! You and requests your continued presence in the U.S. most recent arrival date stamped on your.! Our immigration lawyers today by simply filling out circumvent this requirement her lawyer did n't file my application her! Of status by husband attempting to transition from a J1 to a green card submit a Form I-140 priority! The day that the job is not being given to an immigrant visa petition a... An I-485 Form with the I-485 until the completion of the several factors that play into the time. Is to make sure that there are no qualified U.S. workers in the U.S irrespective of green card you! ) or for an immigrant visa abroad because your intent conflicts with J1 visa and the issue of immigrant may! Easy application be submitted with these, marriage-based green card before attempting transition! To sponsor your application meets Stilt ’ s minimum eligibility requirements, then you will be able to file the...