What to do?
Mar 25th 2004, 3:46 am
#1
Forum Regular
Thread Starter
Joined: Feb 2004
Posts: 56
What to do?
Hey everyone,
I have a colleague who came to the US in the same program as I did. We are both on a J1 Visa, BUT when he was a child he lived with his parents in the US for 9 or 10 years. His parents were filing all the paperwork so that my friend will become a US LPR but suddenly the had to leave and go back to their home country. He reentered the US on this J1 visa in August 2002, he brought his wife on a J2 dependent visa and they recently had a baby girl here in the US. He started searching on his LPR issue, and to his own surprise **he's now a LPR**. He's asked me what to do about his wife, because she's not a LPR and she's a J2 holder.
Does he need to apply for a J waiver to have 212e removed from his wife???
Does he just need to do all the AOS paperwork for his wife?
Laura
I have a colleague who came to the US in the same program as I did. We are both on a J1 Visa, BUT when he was a child he lived with his parents in the US for 9 or 10 years. His parents were filing all the paperwork so that my friend will become a US LPR but suddenly the had to leave and go back to their home country. He reentered the US on this J1 visa in August 2002, he brought his wife on a J2 dependent visa and they recently had a baby girl here in the US. He started searching on his LPR issue, and to his own surprise **he's now a LPR**. He's asked me what to do about his wife, because she's not a LPR and she's a J2 holder.
Does he need to apply for a J waiver to have 212e removed from his wife???
Does he just need to do all the AOS paperwork for his wife?
Laura
Mar 25th 2004, 5:06 am
#2
BE Enthusiast
Joined: Jan 2004
Location: Atlanta, GA
Posts: 771
Re: What to do?
laura,
if your friend did in fact become LPR before he entered on J-1 visa, which I still doubt, then if he was out of the U.S. for more than a year and didn't re-enter on re-entry permit, but instead on a non-immigrant visa, he is no longer considered a green card holder, since he abandoned his status when he left U.S. for his former country of residence to actually live there. You can't be a permanent resident of two countries at the same time.
If he obtained permanent residency status after he entered on J-1, then he should have been more aware of it, since he would have to go through AOS process, just like us, and since his marriage existed before his AOS, his wife would get a derivative LPR status.
He should research his status a bit better.
if your friend did in fact become LPR before he entered on J-1 visa, which I still doubt, then if he was out of the U.S. for more than a year and didn't re-enter on re-entry permit, but instead on a non-immigrant visa, he is no longer considered a green card holder, since he abandoned his status when he left U.S. for his former country of residence to actually live there. You can't be a permanent resident of two countries at the same time.
If he obtained permanent residency status after he entered on J-1, then he should have been more aware of it, since he would have to go through AOS process, just like us, and since his marriage existed before his AOS, his wife would get a derivative LPR status.
He should research his status a bit better.
Mar 25th 2004, 5:49 am
#3
Forum Regular
Thread Starter
Joined: Feb 2004
Posts: 56
Re: What to do?
LucyMO,
You said that you have found a Phone # for the DOS so that you could speak with a visa specialist? Would you mind if you could share that number w/ me? email me at [email protected]
How's your case going? Could you speak with somebody from your embassy? Will they fax the NOL to the DOS?
By the way, my friend became a LPR after entering the US under this J1 visa. Does he need to do a waiver like the rest of us to remove 212e from his wife?
I have not started doing the waiver, I will in Mid April after I come back from my country.
Take Care,
Laura
You said that you have found a Phone # for the DOS so that you could speak with a visa specialist? Would you mind if you could share that number w/ me? email me at [email protected]
How's your case going? Could you speak with somebody from your embassy? Will they fax the NOL to the DOS?
By the way, my friend became a LPR after entering the US under this J1 visa. Does he need to do a waiver like the rest of us to remove 212e from his wife?
I have not started doing the waiver, I will in Mid April after I come back from my country.
Take Care,
Laura
Mar 25th 2004, 7:44 am
#4
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Joined: Jan 2004
Location: Atlanta, GA
Posts: 771
Re: What to do?
That's strange. How did your friend become an LPR with HRR? Since his wife has HRR, it only could be because he had HRR. If he got a waiver, then his wife should be getting a waiver too under his petition.
Mar 29th 2004, 7:43 am
#5
Guest
Posts: n/a
Re: What to do?
"laurajanaya" <member21828@british_expats.com> wrote in message
news:[email protected]...
> I have a colleague who came to the US in the same program
> as I did. We are both on a J1 Visa, BUT when he was a child he lived
> with his parents in the US for 9 or 10 years. His parents were filing
> all the paperwork so that my friend will become a US LPR but suddenly
> the had to leave and go back to their home country. He reentered the US
> on this J1 visa in August 2002, he brought his wife on a J2 dependent
> visa and they recently had a baby girl here in the US. He started
> searching on his LPR issue, and to his own surprise **he's now a LPR**.
Laura, we need to know exactly how (what category? through adjustment? or
consular processing?), and when he got permanent resident status. The
answers to the questions depend on this.
> He's asked me what to do about his wife, because she's not a LPR and
> she's a J2 holder.
> Does he need to apply for a J waiver to have 212e
> removed from his wife???
The question is: Did he have a 212e obligation? if so, what did he do about
his own 212e obligation? How did he get PR status?
> Does he just need to do all the AOS paperwork
> for his wife?
I think he and his family have a problem. As a permanent resident, he is
not eligible to get his wife classified in a category in which she can
immigrate right away. The spouse of a permanent resident can be classified
as Family 2A, which has a wait for the quota of several years. While
waiting, the spouse can get *no* immigration benefit from this
classification.
Also, the moment he became a permanent resident, his wife violated status.
Her J-2 status depends on his J-1 status. When his J-1 status ceased to
exist for whatever reason, her J-2 status ceased to exist.
news:[email protected]...
> I have a colleague who came to the US in the same program
> as I did. We are both on a J1 Visa, BUT when he was a child he lived
> with his parents in the US for 9 or 10 years. His parents were filing
> all the paperwork so that my friend will become a US LPR but suddenly
> the had to leave and go back to their home country. He reentered the US
> on this J1 visa in August 2002, he brought his wife on a J2 dependent
> visa and they recently had a baby girl here in the US. He started
> searching on his LPR issue, and to his own surprise **he's now a LPR**.
Laura, we need to know exactly how (what category? through adjustment? or
consular processing?), and when he got permanent resident status. The
answers to the questions depend on this.
> He's asked me what to do about his wife, because she's not a LPR and
> she's a J2 holder.
> Does he need to apply for a J waiver to have 212e
> removed from his wife???
The question is: Did he have a 212e obligation? if so, what did he do about
his own 212e obligation? How did he get PR status?
> Does he just need to do all the AOS paperwork
> for his wife?
I think he and his family have a problem. As a permanent resident, he is
not eligible to get his wife classified in a category in which she can
immigrate right away. The spouse of a permanent resident can be classified
as Family 2A, which has a wait for the quota of several years. While
waiting, the spouse can get *no* immigration benefit from this
classification.
Also, the moment he became a permanent resident, his wife violated status.
Her J-2 status depends on his J-1 status. When his J-1 status ceased to
exist for whatever reason, her J-2 status ceased to exist.
Mar 29th 2004, 5:51 pm
#6
Guest
Posts: n/a
Re: What to do?
Since you say that it was to his own surprise, it seems that the old
application for LPR that his parents filed may have got approved. Assuming
that is what you are referring to:
Unfortunately, this is a pretty clear-cut case of having abandoned any
Green Card/LPR status that he may have had at one point in the past.
He abandoned it first by moving out of the USA and staying out for a very
long time, and then he reaffirmed the abandonment by applying for a J-1
and not even knowing that he was a US resident.
Maybe the USCIS computers still show him as an LPR, but that is close to
meaningless in this situation. *Maybe* an extremely aggressive lawyer
could possibly argue that he didn't abandon the LPR, after all, but that
would be an uphill battle. Plus, it may actually not be a smart move.
If he really was an LPR, his wife would no longer be eligible for a J-2,
and she would have to leave the USA. It would probably take about five to
six years before the wife could return.
On Thu, 25 Mar 2004 16:46:46 +0000, laurajanaya wrote:
> Hey everyone,
> I have a colleague who came to the US in the same program as I did. We
> are both on a J1 Visa, BUT when he was a child he lived with his parents
> in the US for 9 or 10 years. His parents were filing all the paperwork
> so that my friend will become a US LPR but suddenly the had to leave and
> go back to their home country. He reentered the US on this J1 visa in
> August 2002, he brought his wife on a J2 dependent visa and they
> recently had a baby girl here in the US. He started searching on his LPR
> issue, and to his own surprise **he's now a LPR**. He's asked me what to
> do about his wife, because she's not a LPR and she's a J2 holder.
> Does he need to apply for a J waiver to have 212e removed from his
> wife???
> Does he just need to do all the AOS paperwork for his wife?
>
> Laura
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
application for LPR that his parents filed may have got approved. Assuming
that is what you are referring to:
Unfortunately, this is a pretty clear-cut case of having abandoned any
Green Card/LPR status that he may have had at one point in the past.
He abandoned it first by moving out of the USA and staying out for a very
long time, and then he reaffirmed the abandonment by applying for a J-1
and not even knowing that he was a US resident.
Maybe the USCIS computers still show him as an LPR, but that is close to
meaningless in this situation. *Maybe* an extremely aggressive lawyer
could possibly argue that he didn't abandon the LPR, after all, but that
would be an uphill battle. Plus, it may actually not be a smart move.
If he really was an LPR, his wife would no longer be eligible for a J-2,
and she would have to leave the USA. It would probably take about five to
six years before the wife could return.
On Thu, 25 Mar 2004 16:46:46 +0000, laurajanaya wrote:
> Hey everyone,
> I have a colleague who came to the US in the same program as I did. We
> are both on a J1 Visa, BUT when he was a child he lived with his parents
> in the US for 9 or 10 years. His parents were filing all the paperwork
> so that my friend will become a US LPR but suddenly the had to leave and
> go back to their home country. He reentered the US on this J1 visa in
> August 2002, he brought his wife on a J2 dependent visa and they
> recently had a baby girl here in the US. He started searching on his LPR
> issue, and to his own surprise **he's now a LPR**. He's asked me what to
> do about his wife, because she's not a LPR and she's a J2 holder.
> Does he need to apply for a J waiver to have 212e removed from his
> wife???
> Does he just need to do all the AOS paperwork for his wife?
>
> Laura
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
Mar 30th 2004, 3:33 am
#7
Forum Regular
Thread Starter
Joined: Feb 2004
Posts: 56
Re: What to do?
Well, I was really surprised when he told me about his LPR too. he said he just went to the USCIS office, they put a stamp with the word cancelled in his J1 visa and they stamped the green card right away.
His wife is still working the J2 status and he's still enrolled in the program that sponsored his J1/
He doesn't know what is the step to follow.
Pretty messy huh?
Laura
His wife is still working the J2 status and he's still enrolled in the program that sponsored his J1/
He doesn't know what is the step to follow.
Pretty messy huh?
Laura
Mar 30th 2004, 5:03 am
#8
Guest
Posts: n/a
Re: What to do?
"laurajanaya" <member21828@british_expats.com> wrote in message
news:[email protected]...
> Well, I was really surprised when he told me about his LPR too. he said
> he just went to the USCIS office, they put a stamp with the word
> cancelled in his J1 visa and they stamped the green card right away.
> His
> wife is still working the J2 status and he's still enrolled in the
> program that sponsored his J1/
> He doesn't know what is the step to
> follow.
> Pretty messy huh?
This is not a do-it-yourself project. Your friend really must hire a good
immigration attorney to protect his wife.
news:[email protected]...
> Well, I was really surprised when he told me about his LPR too. he said
> he just went to the USCIS office, they put a stamp with the word
> cancelled in his J1 visa and they stamped the green card right away.
> His
> wife is still working the J2 status and he's still enrolled in the
> program that sponsored his J1/
> He doesn't know what is the step to
> follow.
> Pretty messy huh?
This is not a do-it-yourself project. Your friend really must hire a good
immigration attorney to protect his wife.
