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I'm a f1 student and I had a j1 visa for 2 years already. I have been paying taxes for four years by now. Do I qualify for a green card? Or when can I qualify for one?
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No, not just because you are an F-1 . I would need to review your DS 2019 and discuss your options.
Answered on Mar 28th, 2012 at 4:29 PM
You can only qualify for a green card on the basis of an approved immigrant visa petition filed by either a US employer on the basis of a valid fulltime, permanent job offer or a qualifying relative, such as a US parent, child, sibling, spouse.
Answered on Mar 28th, 2012 at 1:51 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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At this time you don't qualify. No one automatically qualifies, instead you need an employer or family sponsor or to qualify under one of the other options.
Answered on Mar 28th, 2012 at 1:20 PM
Immigration Law Attorney serving Orlando, FL
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The answer to your question is that it does not appear that you would qualify for a green card in the US based on what your presented in your question. Generally, residency in the US is obtained through either a member of your family filing a request on your behalf or by way of an employer looking to hire you and offer a job. Either way, the waiting period to be approved can be lengthy and the process protracted. My advice is that you contact an attorney and consult with him/her on your questions. Keep in mind that the visas that have been issued to you are non-immigrant visas, meaning these visas permit you to remain here in the US for a specific purpose and for a specific period of time after which you are required to depart unless there is some other benefit under the law available to you. I completely understand that you would like to stay and the job of a qualified and knowledgeable attorney is to find a way to make that happen.
Answered on Mar 28th, 2012 at 12:55 PM
Having a nonimmigrant visa, such as a J-1 or F-1 visa, and paying taxes for four years, does not establish eligibility for becoming a Lawful Permanent Resident (getting a "Green Card"). Generally, eligibility falls into family-based applications (such as applications based upon marriage or another family relationship) and employment-based applications. Eligibility for employment-based applications generally focuses upon many requirements for the employer, the employee and the job itself. Self-petitioning may be possible for certain persons having "exceptional" or "extraordinary" skills in the sciences (those are two separate visa categories), certain persons making substantial financial investments in the U.S., etc. Aside from other eligibility issues, a person who has had a J-1 visa will need to document satisfaction, inapplicability or waiver of a 2-year home residence requirement. If you believe you may be eligible for immigration benefits, there is no substitute for a careful analysis by an immigration attorney.
Answered on Mar 28th, 2012 at 12:51 PM