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I am a Brazilian citizen with a J1 visa. My father is a US citizen. I have heard I might have some problems getting the I-130. If so why? How long does it take to adjust the status?
3 ANSWERS
IF you are subject to the 2 year home residency requirement, you will not be able to change status or adjust status unless and until you either satisfy the 2 year home residency requirement or obtain a waiver thereof.
Answered on Jan 24th, 2013 at 12:46 PM
Rebecca T White
You need to confirm whether you have a two year home residency requirement attached to the J visa, and you need to review the wait time for a priority date for an I-130 immigrant visa petition. Most likely an I-130 immigrant visa should be filed on your behalf, but you may want to review with an immigration attorney whether you have derivative citizenship. If I can be of further assistance please let me know.
Answered on Jan 15th, 2013 at 7:22 PM
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Edward D. Flint Attorney at Law
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All Immigration questions are very fact intensive, and no easy answer can be given to your question without meeting with you in person and delving into your life history and what you might be eligible to apply for from USCIS.
Answered on Jan 15th, 2013 at 7:17 PM