Can J1 Visa Holder Apply for Green Card
J1 to Green Card: How to Go a Permanent Resident in the U.S.
Posted by Frank Gogol
In one case you lot accept a J1 visa in manus and some experience in America under your chugalug, it is extremely tempting to accept the next step and become a permanent resident. However, the procedure of transitioning from a J1 visa to a green carte is far from simple, and some will not exist eligible for a green card at all.
J1 visa holders should explore their eligibility for a green card earlier attempting to make the transition. This article discusses the procedure of transitioning from J1 to green card, the related costs, and how you can cover them.
Is it Possible to Transfer from J1 to Greenish Card Status in the U.S.?
Yes, transitioning from a J1 visa to green bill of fare status is possible, but not all J1 visa holders will be eligible for a green card.
At that place are a number of issues with attempting to transition from a J1 to a greenish card. For one, the J1 visa is not a "dual intent" visa, which is a nonimmigrant visa that permits visa holders to petition for permanent resident status without affecting their nonimmigrant visa condition. Also, to obtain a J1 visa you must prove that you take close ties to your abode country and that you lot program on returning there subsequently your J1 visa expires.
Ii-Year Strange Residence Requirement
Some J1 visa holders are subject to the 2-year foreign residence requirement, nether Section 212(e) of the Immigration and Nationality Human action (INA). This involves the visa holder returning to their dwelling state for a period of two years before they can apply for a green card. Since the J1 visa is meant as a visitor exchange plan, in which countries exchange knowledge, this rule is meant to solidify this exchange and let you bring the skills and noesis you've learned to your domicile country. However, the two-year strange residence requirement only applies to the following J1 visa holders:
- Individuals who participated in an exchange programme that was financed by the Us federal government, or past the government of the visa holder'south home land
- The U.S. government has designated your home country every bit having few people with the skill ready and expertise in your particular occupation or field
- You lot have been medically trained in the U.Southward., either as a resident or intern
Typically, J1 visa holders are told upon applying for their visa whether or not they are subject to the two-year foreign residence requirement. This information will be listed on your Form DS-2019, where the consular officer should indicate your status relevant to the 2-yr rule. Your visa stamp should also contain information on whether or not this restriction applies to you.
Finally, if you are even so uncertain whether or not you are field of study to the two-year foreign residence rule, you tin request an advisory opinion from the U.South. Department of State. Keep in mind, though, that if yous were at any point subject to Section 212(e) of the INA, you will still be subject to the two-year requirement even if your immigration condition changes.
Immigrant Intent
Another major obstacle for J1 visa holders intent on transitioning to a green card is that J1 visa holders must prove, upon applying for their visa, that they do non take immigrant intent. This means you lot must demonstrate your intent to return to your home country when your visa expires. If you seek to transition from J1 to greenish card, you will have to bear witness that your desire for permanent residence arose from unexpected changes in your personal circumstances. This can include, for case, if y'all take married a U.Due south. citizen.
What Is a J1 Waiver?
A J1 waiver tin can permit you circumvent some of the obstacles preventing J1 visa holders from getting permanent resident status, like the two-twelvemonth foreign residence rule. There are four options for obtaining a J1 waiver:
- Obtain a No Objection statement from the government of your dwelling country which stipulates that your country of origin does not object to you staying permanently in the U.S.
- You can demonstrate to the U.S. government that the regime of your home country may subject y'all to persecution if you render.
- You can demonstrate to the U.S. government that returning to your habitation country you will incur meaning financial hardship.
- If a specific agency of the U.S. federal authorities sponsors your permanent residence by requesting your presence in the U.S.
Some other obstacle that may arise in obtaining a J1 waiver is that your visa sponsor may revoke your J1 visa once you petition for a green card. This goes back to the outcome of immigrant intent. A J1 visa is a nonimmigrant visa, and visa sponsors don't want a reputation with the U.Due south. authorities every bit a J1 program that noncitizens use to transition to green card status. Having an immigration attorney with expertise in demonstrating a lack of immigrant intent may be helpful.
J1 to Green Card Process Options
Once you lot take obtained a J1 waiver, y'all have three dissimilar options for submitting the waiver. Which is the best pick for you will depend on your particular immigration condition, whether or non you are subject to the two-year foreign residence rule, and if you can prove a lack of immigrant intent. Consulting an immigration attorney can assist yous determine which of the three following options gives you the best hazard of success:
- Submit your immigrant petition together with your J1 waiver, forth with proof that you did not initially accept immigrant intent upon obtaining your J1 visa.
- Submit your J1 waiver first, wait until it is approved, and then submit your immigrant petition.
- Submit your immigration petition get-go, wait until information technology is approved, then submit your J1 waiver.
Many J1 visa holders seeking permanent resident status also first change their visa status to a nonimmigrant visa with dual intent, like an H-1B. This lets them avoid potentially violating the terms of their J1 visa and the problem of immigrant intent.
J1 to Dark-green Menu Processing Time
The processing fourth dimension for transitioning from a J1 visa to a green carte du jour will vary based on your circumstances and the grade of greenish card you're seeking.
If you first change your visa condition to a nonimmigrant visa with dual intent, then your processing time volition be subject to the typical wait times and processing for that detail visa. If y'all seek an H-1B, for example, you must enter the almanac lottery.
Besides, you will demand a PERM Labor Certification if you choose an EB-2 or EB-3 greenish card. To obtain a PERM certification, your employer must annunciate your position extensively for a given length of time. This ensures that the task is not being given to an immigrant before a qualified American citizen. Processing a PERM certification typically takes sixty days for the initial recruitment, and another half-dozen months for the Department of Labor to make a decision on your application.
You may also take to submit a Class I-140, which involves an average of 6 months of processing fourth dimension as well. The USCIS volition give your Course I-140 a priority appointment, at which point you can file to adjust your status.
Finally, adjusting your immigration status also involves filing a Form I-485, which takes an average 6 months of processing time along with the I-140 and PERM certification. Therefore, in add-on to the lx day recruitment period for a PERM Certification, you can await 6 months of processing time for all the relevant forms if you submit them at the same time.
Also, consular processing can speed up the processing fourth dimension for your petition, but it will require that y'all return to your home state for an interview with the U.Southward. consulate.
Cost of Transition from a J1 Visa to a Green Menu
The cost of transitioning from a J1 visa to a green menu volition besides depend on whether you adjust your status or go through consular processing.
If y'all will adjust your condition, you or your employer must pay the post-obit fees:
- Class I-140: $700 filing fee
- Form I-485: $750-$i,450 for the Form I-485. See the payment chart on the USCIS website to see where you stand.
- Mandatory biometrics: $85
If you submit to consular processing, you or your employer volition be responsible for the following fees:
- Form I-140: $700 filing fee
- Form DS-260: $230 filing fee
- Biometrics: $85 fee
- Affidavit of Support: $88 fee
You may incur substantial attorney fees as well, on top of these costs, depending on the complexity of your transition.
How to Get a Personal Loan to Cover Your J1 to Green Carte Fees
As you can see, the cost of transitioning to a green card is non insubstantial and is ane of the biggest obstacles J1 visa holders face up to obtaining permanent resident status. Even so, in that location are funding options available for noncitizens in the U.Due south. While immigrants are often denied credit and loans because of their lack of credit history and temporary status, lenders like Stilt are geared specifically towards immigrants.
Taking out a personal loan from Stilt involves a unproblematic three-stride process:
- Submit an application: Start, you lot must consummate an online application, detailing your personal and fiscal information and the amount that yous are requesting. You will too be asked to submit to a soft credit-pull.
- Receive a decision: You lot volition receive a decision on your awarding within a couple of days. If your application meets Stilt's minimum eligibility requirements, then you will qualify for an corporeality and an interest rate. You tin can choose a term length that suits your financial needs a well. In one case you agree to an corporeality and term length, you lot then sign a promissory notation agreeing to the terms and will receive the funds.
- Commencement making payments: With the funds in your account, you can start making monthly payments on your loan.
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Conclusion
The complexities of transitioning from J1 visa status to permanent resident condition can be too much for many people, not to mention the exorbitant cost of this transition. However, with the information detailed above, and potentially the help of an immigration chaser, you lot can determine the path that will give y'all the best take a chance of success. Furthermore, a personal loan tin help you embrace the cost without breaking the bank.
Stilt, Inc strives to go on this web log information accurate and upwardly to date. All information is presented without warranty. Discrepancies may be found. This weblog does not consist of legal advice.
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To check rates and terms Stilt may be able offer y'all a soft credit inquiry that volition be made. This soft inquiry will not affect your credit score. All the same, if y'all choose to have a Stilt loan offer, a hard inquiry from one or more of the consumer reporting agencies volition be required. A hard inquiry may affect your credit score.
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Source: https://www.stilt.com/blog/2019/02/j1-to-green-card/
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