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I am out of status of a j1 visa for almost two years.no 2 year restriction indicated on both document.can i change status by mry

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i am j1 out of status for almost 2 years.i have no home restriction on both my visa and the 2019.i just applied for a no objection waiver which i have no reply.can i get married and change my status,im i at risk of deportation?can my wife fight for me since i wasnt sponsored by any one,not on my country skill list?

Attorney Answers

3
Brendan Delaney ·
Any maintenance of status issues should be discussed with an immigration attorney. You should be made fully aware of these as you proceed with any immigration related paperwork.
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Nisha V. FontaineImmigration AttorneyBuffalo, NY ·
Hello, Thank you for posting your question. First, I would highly recommend that you contact an immigration attorney to review your DS-2019/J-1 visa, etc. and your eligiblity for adjustment of status based on marriage (presumably, your wife is a U.S. citizen) before you file any paperwork with USCIS. Second, prior to filing any paperwork with USCIS, you may want to request an Advisory Opinion from the Dept. of State Waiver Review Division for a 'formal' finding regarding whether you are subject to the two-year home residency requirement. Information about requesting an advisory opinion is available at: http://travel.state.gov/visa/temp/info/info_5502.html Again, before filing anything with USCIS, please consult with an experienced immigration attorney. Good luck! Thank you, Nisha V. Fontaine, Esq. Serotte Reich Wilson, LLP Ph: 716-854-7525 Email: [email protected] Web: www.familytousa.com
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