Can my husband who is a green card holder apply petition for me, if I am out of visa ( J1)? 5 Answers as of February 19, 2014

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Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
He can, but it would not be a good idea because, in the end, you will not get a green card. To determine what you should do, one would need to know whether your J1 visa had a 2-year home residency requirement. Let me explain what it is. J1 visas can contain the requirement that, after spending time in the U.S. on this visa, the foreign national would go back to his/her country and live there for 2 years before coming to the U.S. again. Some J1 visas have this condition, and some - do not. It is usually printed right on the visa; so you should look in your passport and see whether you are subject to this requirement If you are, you should seriously think about going home because this requirement is very difficult to overcome. If you are not subject to the 2-year home residency requirement, your husband should apply for naturalization a soon as he can, and file an immigrant petition for you immediately after becoming a U.S. citizen. The law is that, a) if you entered the U.S. on a valid visa and were inspected and admitted; AND b) if you are a spouse of a U.S. citizen; AND c) if your U.S. citizen spouse files an immigrant petition for you; AND d) if the government approves his petition; AND e) if you have no disqualifying history (criminal convictions, involvement in terrorism, deportation from the U.S., etc) - - then you can receive a green card even though your visa status expired and you are remaining in the U.S. illegally. There are some exceptions from this rule, but the requirement of a legal entry and an immediate family relation to a U.S. citizen are not subject to any exceptions; so, while your husband is a permanent resident and you are out of status, you cannot get a green card.
Answer Applies to: New York
Replied: 2/19/2014
The Law Offices of Kristy Qiu
The Law Offices of Kristy Qiu | Mengjun Qiu
If you came to the country legally and you're still here legally, yes, and there is no wait time.
Answer Applies to: Florida
Replied: 2/17/2014
Law Offices of Linda Rose Fessler | Linda Fessler
He can file a hardship letter with the petition. However, not too many of those are successful.
Answer Applies to: California
Replied: 2/17/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You can marry him and he can file a petition but you cannot seek adjustment of status in the United States until he becomes a citizen.
Answer Applies to: New York
Replied: 2/17/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
You must be married to a US citizen to apply for your green card while in the US (otherwise, you will have to leave the US to get your green card).
Answer Applies to: California
Replied: 2/17/2014
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