QUESTION
Can I be deported if I hold an expired J1 visa and I'm married to a citizen?
Asked on Sep 19th, 2012 on Immigration - Colorado
More details to this question:
I came here in October 2005 on a J1 visa. A year later I took my son here on a J2 visa. The two year rule is attached to my visa. I'm now married to a citizen can I be deported? What can I do?
5 ANSWERS
You won't be deported but you will not be able to legalize your status even on the basis of marriage to a US citizen if you have a 2 year home residency requirement until you either satisfy the requirement or obtain a waiver thereof.
Answered on Sep 20th, 2012 at 4:31 PM
Immigration Attorney serving Los Angeles, CA
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Law Offices of Mary Lyn T. Sanga A Professional Corporation
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You may apply for a waiver of the 2-year residency so you can adjust status without having to leave the country. You should seek a lawyer's advice to know if you qualify for a waiver.
Answered on Sep 20th, 2012 at 4:31 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Unless you get a waiver or stay in your home country for two years, you cannot adjust your status to LPR and as a result, you may be placed in removal proceedings.
Answered on Sep 20th, 2012 at 4:30 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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You will need to obtain a waiver of the 2 year requirement before you can adjust your status based upon marriage to a US citizen. You should consult an attorney, as the process is quite difficult.
Answered on Sep 20th, 2012 at 4:29 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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In order to adjust your status, you must get a waiver of the 2-year residency requirement.
Answered on Sep 20th, 2012 at 4:29 PM