QUESTION

I wanted to ask you if getting married is the only way to get a green card, after staying in the US, once your J1 visa has expired?

Asked on Nov 27th, 2012 on Immigration - Rhode Island
More details to this question:
I have been coming to the United STates since May 2009 on J1 visa. I came twice in 2009 and 2010 and both times went home, than came for a third time in 2011 and never left. I am looking for a way to get a green card or any kind of legitimacy, without getting married! I'd appreciate your help and answer very much!!! Thank you in advance!
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1 ANSWER

If you have overstayed your last I-94 expiration as a J-1, you may be here w/o any status and may be accruing unlawful presence.  This is a serious situation that can preclude pursuing immigration options in the future. Also, it must be determined whether your J-1 subjects you to any two year home residency requirement.  That can also preclude you from pursuing immigration options in the future. There is no easy answer to "How do I obtain a green card?"  There are many different options that apply to many different types of scenarios.  There are generally three ways to qualify for green card status—Family, Employment or Investment. Whether any green card option may apply to you depends on the very specific facts of your situation, including your current status or lack thereof, any unlawful presence issues, any two year home residency requirements etc. You should strongly consider consulting with an immigration attorney to understand all of the issues in your situation and whether there is any lawful route to another non-immigrant status or eventually permanent resident status. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com    
Answered on Nov 29th, 2012 at 6:42 PM

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