bdg

My friend currently has a J1 which will expire in 1 month. She has applied for permanent residency.

As permanent residency will not happen for a number of years, can she stay in the US based on the fact she has applied for applied for this visa or does she have to apply for the like of a H2b???

crg

It depends on how she qualifies for permanent residency.

We need additional information to give you an answer.

If she is adjusting as the spouse of a US citizen, then she can normally wait in the US. If she has an approved I-130 as a sibling of a US citizen then she must maintain some other nonimmigrant status for the 12 to 22 years it will take until her green card is granted.

Let us know what her situation is.

bdg

Thanks for the reply. She has applied for a green card based on her employer not being able to fill the position, she is a veterinary nurse. Since she applied for the green card in November she has heard nothing.. is that normal.

crg

She has to maintain lawful status some other way while the application is pending, or depart the US within 30 days from the end of her J-1. Remaining while out of status could jeopardize her eligibility to adjust status or reenter the US.

It's not uncommon not to hear anything for long periods of time. Immigration applications, such as immigrant visas can take a long time to approve. There are fingerprints, medical tests and all sorts of documentary requirements that take time to request, accept, and process.

Ingo Pakleppa

bdg wrote:
    >>It depends on how she qualifies for permanent residency.
    >>We need additional information to give you an answer.
    >>If she is adjusting as the spouse of a US citizen, then she can
    >>normally wait in the US. If she has an approved I-130 as a sibling of
    >>a US citizen then she must maintain some other nonimmigrant status for
    >>the 12 to 22 years it will take until her green card is granted.
    >>Let us know what her situation is.
    >
    >
    > Thanks for the reply. She has applied for a green card based on her
    > employer not being able to fill the position, she is a veterinary nurse.
    > Since she applied for the green card in November she has heard nothing..
    > is that normal.
    >

What stage is the application in right now? There are several different
steps, usually Labor Certification, petition and adjustment of status.
If the Labor Certification is already approved and the adjustment of
status already filed (it can usually, but not always, be filed together
with the petition), then she may remain in the USA. If not, she would
have to find some other lawful status, or leave the USA and pick up an
immigrant visa at a consulate instead.