QUESTION

How can you switch a J-1 Visa to a more permanent visa?

Asked on Jan 21st, 2014 on Immigration - Pennsylvania
More details to this question:
My boyfriend is coming over to the states on a J-1 Visa. If the company wanted to keep him past the time of the J-1 visa would that be possible? If we were to get married would he be able to switch his visa to a green card? Additionally, if he were to finish out the time with the J-1 visa, go back to his country and then want to apply for a green card would that be possible?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The first question with every J-1 visa is whether there is a two-year home residence requirement attached to having received it. Many J-1 holders are obligated to return to their home countries for two years following the time that they are in the country on a J-1 visa. Obligations can come about if individuals are on their country's skills list (a list of skills that the country wants back), have taken funds from the home government or an international organization, or are medical trainees. If not, a company may be able to keep your boyfriend past the time of his J-1 visa if he has a baccalaureate or higher degree and the company is able to sponsor him for a working visa such as the H-1B for persons in a specialized occupation. If not subject to the residence requirement, he would be able to switch his J-1 to permanent residence through marriage to a U. S. citizen so long as the marriage was bona fide and there are no disqualifying bars to his immigration. Finally if he returns home after his J-1 period, he could possibly apply for a green card so long as he is not subject to the two-year foreign residence requirement, fulfilled it or had it waived and assuming that he has the basis by which he is able to qualify.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Feb 13th, 2014 at 10:05 PM

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