Expired J-1, do i need file form I-601??

J-1 Student Visa 7 views 5 answers
I went through the form but I cant find any reason that i might fit. despite the fact that i've been here with an expired visa, and i worked (out of books), there is nothing more than makes me to file the form. I've looking, searching for, in the form something saying worked illegally or stayed illegally or whatever but i don't see it. Again i haven't done anything illegal besides the fact i overstayed and worked. So, should i send form I-601 with my I-485? I'm requesting adjustment of status (my husband is a citizen

Attorney Answers

5
Laurence Drew BortenImmigration AttorneyNew York, NY ·
You're right, you don't need a waiver if you entered legally but overstayed, or if you worked without authorization. I am assuming that you didn't overstay on PREVIOUS visits to the U.S. by 180 days or more -- but your overstay on THIS visit is forgiven if you are getting a green card through marriage to a U.S. citizen.
0 upvotes
Dean P MurrayImmigration AttorneyHoboken, NJ ·
It sounds as though you should be eligible to adjust based on the limited facts you have provided. You should sit down for a consultation with an immigration to ensure you are eligible.
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Eric Mark ·
You should consult with a lawyer before you waste money filing a form you don't have to file and possibly get your petition denied due to ineligibility. J visas have extra complications, too.
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Andrew Bartlett ·
standard "245(a)" adjustment of status is often messed up by periods of unlawful presence and working without authorization EXCEPT with immediate relative spouses etc. This protects the US Citizen spouse. That;s why you don't fit for the waivers. Even though you are almost ready with the paperwork, go see an immigration lawyer to review it for an hour. And make sure there is nothing in your history that needs dealing with. If you want to do it all yourself without help, read the I-130 instructions for spouses very very carefully. The requirements are different. Good luck.!!
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