её получения находишься в US по J-1 визе с
2-летней отсидкой.
Прошу помочь советом, заранее благодарен,
надеюсь на коллективный ум...
Как сохранить Грин-карт если на момент..
-
isack
- Posts: 1
- Joined: 13 Jan 1999 10:01
- Location: EUGENE, OR
-
petersburger
- Уже с Приветом
- Posts: 1927
- Joined: 14 Jan 1999 10:01
- Location: Oregon
Как сохранить Грин-карт если на момент..
If you are a J-1 holder subject to the 2-year home residence requirement (HRR), you can't get a green card unless you either:
a) get a waiver through the USIA and the INS,
b) fulfill the HRR in your home country, or
c) are granted asylum in the United States.
INS form I-485 (Application for Adjustment of Status) specifically asks whether the applicant is (or was) subject to HRR, and if that requirement has not been complied with, I-485 will not be approved.
Best regards,
Pavel Gubanikhin
a) get a waiver through the USIA and the INS,
b) fulfill the HRR in your home country, or
c) are granted asylum in the United States.
INS form I-485 (Application for Adjustment of Status) specifically asks whether the applicant is (or was) subject to HRR, and if that requirement has not been complied with, I-485 will not be approved.
Best regards,
Pavel Gubanikhin
-
petersburger
- Уже с Приветом
- Posts: 1927
- Joined: 14 Jan 1999 10:01
- Location: Oregon
Как сохранить Грин-карт если на момент..
Пытался послать подробный ответ мылом, но что-то он не проходит, поэтому решил запостить сюда:
---Izack <c-u@soon.com> wrote:
>
> I am going to enter the US
> with a J-1 visa for 3 years very soon. I don't know
> whether or not the visa
> will be restricted (with HHR). But I already applied
> for a Green Card which is
> not based on an employment (as an "extraordinary
> alien").
J-1 is a nonimmigrant visa that requires an applicant
to prove that s/he does not have immigrant intent,
i.e. that s/he intends to return to his/her home
country upon expiration of his/her J-1 status. E.g.,
on visa application form (form OF-156), there are
several question that are supposed to prevent
potential immigrants from entering the US on a
nonimmigrant visa. Specifically, you would have to
answer the following questions:
20. HAVE YOU EVER APPLIED FOR A U.S. VISA BEFORE,
WHETHER IMMIGRANT OR NONIMMIGRANT? WHERE? WHEN? TYPE
OF VISA?
31. (a) HAVE YOU OR ANYONE ACTING FOR YOU EVER
INDICATED TO A U.S. CONSULAR OR IMMIGRATION EMPLOYEE A
DESIRE TO IMMIGRATE TO THE U.S.? (b) HAS ANYONE EVER
FILED AN IMMIGRANT VISA PETITION ON YOUR BEHALF? (c)
HAS LABOR CERTIFICATION FOR EMPLOYMENT IN THE U.S.
EVER BEEN REQUESTED BY YOU OR ON YOUR BEHALF?
Indicating that you have applied for an immigrant
visa in question 20 and/or a positive answer to
question 31 will almost definitely result in a denial
of the nonimmigrant (in this case, J-1) visa
application. However, this should not affect your
green card application.
> The lawyer who is
> preparing my application predicts a time interval of
> about 6 months to get
> this GC. So what can I do with this GC? Can I switch
> to it while I am in the
> US?
Once in the US, you can adjust your status to the one
of permanent resident, as long as you manage to get
the 2-year home residence requirement waived (if your
have one on your form IAP-66). The problem is getting
a J-1 visa after an application for an immigrant visa
has been filed. Good luck,
Pavel
P.S. This is not a legal advice, just an observation based
on personal experience. It would be a really good idea to
consult an immigration lawyer if you really want to
apply for a green card and a J-1 visa simultaneously.
---Izack <c-u@soon.com> wrote:
>
> I am going to enter the US
> with a J-1 visa for 3 years very soon. I don't know
> whether or not the visa
> will be restricted (with HHR). But I already applied
> for a Green Card which is
> not based on an employment (as an "extraordinary
> alien").
J-1 is a nonimmigrant visa that requires an applicant
to prove that s/he does not have immigrant intent,
i.e. that s/he intends to return to his/her home
country upon expiration of his/her J-1 status. E.g.,
on visa application form (form OF-156), there are
several question that are supposed to prevent
potential immigrants from entering the US on a
nonimmigrant visa. Specifically, you would have to
answer the following questions:
20. HAVE YOU EVER APPLIED FOR A U.S. VISA BEFORE,
WHETHER IMMIGRANT OR NONIMMIGRANT? WHERE? WHEN? TYPE
OF VISA?
31. (a) HAVE YOU OR ANYONE ACTING FOR YOU EVER
INDICATED TO A U.S. CONSULAR OR IMMIGRATION EMPLOYEE A
DESIRE TO IMMIGRATE TO THE U.S.? (b) HAS ANYONE EVER
FILED AN IMMIGRANT VISA PETITION ON YOUR BEHALF? (c)
HAS LABOR CERTIFICATION FOR EMPLOYMENT IN THE U.S.
EVER BEEN REQUESTED BY YOU OR ON YOUR BEHALF?
Indicating that you have applied for an immigrant
visa in question 20 and/or a positive answer to
question 31 will almost definitely result in a denial
of the nonimmigrant (in this case, J-1) visa
application. However, this should not affect your
green card application.
> The lawyer who is
> preparing my application predicts a time interval of
> about 6 months to get
> this GC. So what can I do with this GC? Can I switch
> to it while I am in the
> US?
Once in the US, you can adjust your status to the one
of permanent resident, as long as you manage to get
the 2-year home residence requirement waived (if your
have one on your form IAP-66). The problem is getting
a J-1 visa after an application for an immigrant visa
has been filed. Good luck,
Pavel
P.S. This is not a legal advice, just an observation based
on personal experience. It would be a really good idea to
consult an immigration lawyer if you really want to
apply for a green card and a J-1 visa simultaneously.