waiting time

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Old May 2nd 2001, 9:20 am
  #1  
Augustine Rosario, I
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Dear all,

I'm a student in the U.S. on a J-1 visa with the 2-year HRR requirement. While in the
U.S., I got married to a U.S. citizen. Since the situation in my country is pretty
bad concerning women's rights (I come from a Muslim country), I would like to stay
here with my husband, rather than going to my country with him after my studies for 2
years. A few months ago we applied for a waiver, but haven't heard anything yet. The
problem is that my IAP-66 is going to expire soon, and it will be impossible for me
to renew it. Does anybody know if there is a way for me to legally stay in the U.S.
while waiting on the decision about the waiver?

Thanks a lot
 
Old May 4th 2001, 11:28 pm
  #2  
Sylvia Ottemoeller
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"Augustine Rosario, III" wrote:

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Because you have the 2-year HRR, you are not eligible to change status within the
U.S. to any temporary status, other than A or G statuses (diplomatic and
international organization-sponsored statuses). You must leave the U.S. within 30
days after the IAP-66 expiration date (this is your J-1 grace period), or you will
violate status.

Merely being an applicant for a waiver of the 2-year HRR gives you no right to remain
in the U.S.

You are eligible to leave the U.S., apply for and obtain a visa stamp, and re-enter
the U.S. in any temporary status for which you are eligible, other than of course H
or L. Possibilities might include B, F, M, O, P, Q, R.

There may be a problem getting a visa stamp, because the consular post will believe
you have the intent to remain in the U.S. permanently. It would probably be hard to
get an F-1 visa. Many obligated J-1 holders manage to get O-1 visas and O-1 status.
 

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