What my girlfriend can do to adjust her status? 3 Answers as of June 01, 2011

She came to US on a j-1(18 months) internship program in 2007. She has a legal SSC, and an ID. She was paying taxes since then. Has no criminal records. What she can do to adjust her status? BTW we are not ready to marry yet. And we want to do things right. I've heard something about that tax amnesty program. Is that real or not?Thank you!!

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
I don't understand the relevance of the Tax Amnesty so I cannot comment on it. Also, If you are not ready to marry, then what kind of adjustment do you have in mind for her? Through her job? Who is going to be the sponsor? We need to start there. You will need to be careful because not all J-1 visitors can adjust status in the US. Some have to leave and be subject to the 2-year bar; some J's can get a waiver of the 2-year bar. You will have to know in what category she falls before proceeding with any plan. Good luck!
Answer Applies to: California
Replied: 6/1/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
There is no such thing as a tax amnesty program. If she was here on a J-1 she may need to return to her country for two years unless she can obtain a waiver. She is accruing unlawful presence and unless she marries a U.S. citizen is going to be subject to a ten-year bar from the U.S.
Answer Applies to: New Jersey
Replied: 5/31/2011
Immigration Law Offices of Misiti Global, PLLC.
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
There is not tax amnesty program. Your girlfriend has few options on her own. Asylum may be an option, if she has a fear of returning to her country.
Answer Applies to: New York
Replied: 5/31/2011
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