QUESTION
If my husband applies for a GC while I am on J1 visa with 2 year home country requirement, will the GC petition get rejected due to my J1 status?
Asked on Apr 09th, 2013 on Immigration - California
More details to this question:
Also, can he apply for green card only for himself as I will not be eligible for permanent residency at this point?
4 ANSWERS
Immigration Law Attorney serving Long Beach, CA
at
Law Offices of Brian D. Lerner
Update Your Profile
If he qualifies, your status will not be relevant. You must apply for the Waiver of the 2 year foreign residence requirement.
Answered on Apr 15th, 2013 at 8:13 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
In order for your husband to apply for a green card, he must be eligible for one and have someone petition for him. Nothing in your questions indicates that he is eligible for permanent residency or that he has a qualified individual who can petition for him. Based on the information in your question, I doubt that he would qualify to a green card.
Answered on Apr 11th, 2013 at 12:34 AM
You must obtain a waiver of the 2-year-home residency requirement in order to obtain a green card. Your husband can still apply.
Answered on Apr 10th, 2013 at 9:15 PM
If you are subject to the 2 year home residency requirement, you should wait until you have either satisfied it or obtained a waiver thereof. The green card application will not be approved without one of those two events having taken place.
Answered on Apr 10th, 2013 at 12:51 PM