tim101

My program advisor informed me that if I adjusted my staus to another type of visa while with the program I will be issued with a 1500 fine from the program.

It states in my documents that if I wished to change status while with the program I would need to leave the US and the exchange program and apply in my home country.

Obvisously I dont want to do this and be away for my girlfriend so I am wondering if there is any legal way I can stay in the staes (in the J1 program or not) while i wait for the paperwork to be complete and I get my greencard.

I feel like the fact that my program will issue me with a fine if I adjust status indicates that this may only be a propbelm with them and not a US immigration issue (well thats what im hoping anyway)

If this stipulation is involved in my program, does anyone know if it will be possible to stay here and be able to have authorization to work without needing to leave the US while I wait for the greencard??

tim101

By the way: It states in my documents that I need to leave the US in order to changhe to another VISA. I am wondering if petitioning for a greencard would be a different situation all together.

Thanks again everyone.

Tim

S Folinsky

Query: what does your lawyer have to say about it? Just curious.

meauxna

OK, that is program-specific.

I wonder if that is exactly what it says.. but it matters not.
The type of adjustment of status (NOT change) you are talking about supersedes nearly everything. You do not *have* to apply for a visa outside of the country; it is possible to apply for permanent residency from inside the country, but only very few people qualify for that. That might explain the strong wording of your program language.

As far as USCIS (immigration) is concerned, J-1s may generally adjust status to permanent resident through marriage to a US citizen. Again, I don't know if there is anything special about *your* J-1.

When you apply for AOS, you can apply at the same time for a work permit, called an EAD or Employment Authorization Document, which authorizes you to work for any employer while waiting for the green card.
It takes about 90 days to get.

You are NOT getting another visa.. Please read some of the pages at uscis.gov, like this one, and see if it becomes clear to you.

Green Card for an Immediate Relative of a U.S. Citizen


And the reason you are not getting a definite "Yes, you can do this" or "No, you can not do this" is because we have not seen your paperwork, and you have said some things that have muddied the waters. I highly recommend that you consult with an attorney. It is a small fee to pay for a long time benefit, and it is much better (and cheaper) for you to get it right the first time.

ian-mstm

If you marry and apply for a GC, you won't be adjusting your status to any other type of visa.


If you marry and apply for a GC, you won't be changing status.


Again, you aren't changing to another visa... so, no need to leave the US.

I believe the problem is that you don't fully understand the immigration terms you're using and are assuming that "changing status" and "adjusting status" are the same thing... or that "visa" and "green card" are somehow equivalent.

Ian

tim101

Thanks again everyone!!

I think I am begining to understand that a "change of status" refers to one who is changing from a non immigrant visa to another while an "adjustment of status" refers to one who wishes to change from a non immigrant visa to a permanent resident. correct?

I have also just read online that although my J1 both my DS2019 and my visa states that I am "NOT SUBJECT" to the home residency requirement, this may not be a final decision and This may still apply to me even though it does not state this on my visa???

I know I am being over cautious and probably worrying for nothing but does know anything about this??

Thanks again.

Tim

S Folinsky

Comment: most immigration attorneys shudder when dealing with J visas.

Repeat from Post #9 in this thread: Comment: J visas are weird animals. Not many people really know the ins and outs of them. Quite often, advice from non-experts on J's is not really useful. One of the national mavens on J visas is Bruce Hake at this link. Many lawyers contact Bruce when a J has them scratching their head.

ian-mstm

Correct... but use the word "status" instead of "visa". A visa is a document that allows you to knock on the door of the US and ask to be allowed in. Once you're in the US, you have "status" (which is why you can change or adjust it).


Where? Post the URL.


I'm pretty sure that what you've read is incorrect. Post the URL.

Ian

S Folinsky

Comment: I'm not. I think a J-1 maven lawyer is an excellent idea.

tim101

Hi Ian,

Here is the URL

http://www.hooyou.com/j-1/j1_2year_rule_faq.html

Thanks so much for all your time, it is very much appreciated.

Tim

lostlove

Tim:

The ingredients of your posts have an aroma of DIY. After all the experienced comments, your questions, your research I would be surprised if your still a proponent of DIY.

Your questions are still not put to rest, this is a vacuous situation and such vacuums are uncomfortably dangerous.

Reach for legal counsel to tame this strange J1 animal before it runs crazy.

ian-mstm

My general impression is that the author has taken specific situations and worded them in such a way, that anyone could believe that they are in J-1 limbo and that the only way out is a consulation with an attorney. Generally speaking, and taking into account the many J-1 cases we've seen here over the years, if your visa says you're not subject to the 2-year HRR, then you aren't subject to the 2-year HRR.

That said, I'm pretty sure that learned counsel will disagree with me.

Ian