my husband is a post doctorate for UF and I work as an RN for a private hospital, we have a J1/j2 visa (with an authorization to work for me) but we would like to transform it into a green card, is that possible?
The basic premise behind the J1/J2 visas is that all exchange visitors are expected to return to their home country upon completion of their program in order to share their exchange experiences.
When you agree to participate in an Exchange Visitor Program you are subject to the 2-year home-country foreign residency requirement if your exchange program is funded by either your government or the U.S. government, involves specialized knowledge or skills deemed necessary by your home country or you received graduate medical training.
If this requirement applies, you must return to your home country for a cumulative total of 2 years at the end of your exchange visitor program. You are not prohibited from traveling to the United States but may not benefit from certain employment-based or family-based visas until the foreign residency requirement is satisfied.
You can find more information at: http://j1visa.state.gov/participants/common-questions/
It depends on your particular situation. First, you must have a basis to change your status to that of a legal permanent resident (for example, a sponsoring employer or family member). Additionally, you need to meet all of the requirements for admission to that status (such as not being subject to the two year home residency requirement/obtaining a waiver of the two year rule/etc). A qualified attorney can better help you evaluate your options.
You may be able to move from J visa to green card if you have the basis for immigrant visa and you do not have 2 year home residency requirement, and/or you are able to waive the requirement. I strongly suggest that you speak with an experienced immigration attorney to assist you in evaluating your situation. Most of us provide skype or telephone consultation for clients who are unable to physically come to the office. Good luck!
Robert Louis BrownImmigration AttorneyCleveland, OH ·
It may be possible if you have a basis to obtain resident status such as through an employer petition or family petition. You may also need to fulfill or have your home residency if you have a home residency requirement. Best way to determine your possibilities is to meet with an immigration attorney.
