QUESTION

I'm getting married but my J-1 visa expired couple weeks ago, can I apply for adjust status documents?

Asked on Jan 29th, 2013 on Immigration - New York
More details to this question:
I came to America with J-1 Internship program visa. I stayed here for 1 year. My visa expired couple weeks ago, and in a week my boyfriend and I will get married. Everybody saying that visa expiration doesn't matter, what I need to look at is I-94, but there is no date on that paper! It shows date I entered US and under is "J1" underscore "D/J" and nothing else. So my question is: will I be able to have success in USCIS with Adjust Status? And another thing is with J-1 visa I'm legal in US 1 more month after its expires. This fact made me thinking that I'll be able apply for green card through marriage. Thank you! Will be looking forward for your answers.
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9 ANSWERS

Visa expiration date matters only as the last date you can enter the U.S. on the particular visa. Your legal stay in the U.S. ends on the date indicated on the admission stamp on your I-94. In your case, the stamp says "D/S" (not D/J) which stands for "duration of status"; it means that you were admitted into the U.S. with permission to stay until your J1 internship ends (+ 1 month). Now, none of it will matter if you marry a U.S. citizen: if your entry into the U.S. was legal, and his petition for you gets approved, you can adjust status even if you overstayed your visa for years, or worked without authorization, or otherwise violated the terms of your admission. You might have a problem if your J program included the requirement that, after completion of the program, you would return to your country for 2 years; some J visas do have this condition, and some do not. You need to find out if you have the 2-year requirement on your visa. If you do, find an immigration attorney to discuss your options.
Answered on Feb 04th, 2013 at 6:55 PM

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As long as your J-1 did not subject you to the 2 year home residency requirement, you are ok to adjust status on the basis of marriage to a US citizen even if your visa has expired.
Answered on Jan 31st, 2013 at 10:55 PM

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Rebecca T White
The I-94 notation should be D/S, duration of status. If you do not have a two year home residency requirement you should be fine to adjust status.
Answered on Jan 31st, 2013 at 10:50 PM

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Immigration & Naturalization Attorney serving Seattle, WA at Julian & Chin, LLP
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Congratulations on your engagement. Your immigration status is dictated by the I94 card, not the visa in your passport. If you hold J-1 status, you likely have D/S or "duration of status" which means that your status expires upon completion of your training. Bear in mind that there are other ways to lose your status such as working without permission, committing a crime or failing out of training. The real question is whether you are subject to the two-year home residency requirement. If so, then this is an obstacle to seeking adjustment of status.
Answered on Jan 31st, 2013 at 9:39 PM

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You can apply for adjustment of status through a marriage to a US citizen as long as you entered the US lawfully. The expiration of your I-94 which states D/S (duration of stay) does not matter. But you must make sure that you are not subject a two-year home residency requirement because of your J-1. You will otherwise need a waiver of the requirement before you can adjust.
Answered on Jan 31st, 2013 at 8:18 PM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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You will be fine as long as you are not subject to Section 212(e)two year rule.
Answered on Jan 31st, 2013 at 7:43 PM

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Immigration Attorney serving Las Vegas, NV at Law Office of Arsen V. Baziyants
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Those are very good questions. Your I-94 probably reads D/S which stands for duration of status. Is your J-1 visa subject to INA 212(e) (foreign residency requirement ). If you are concerned that you may be in the U.S. now in violation of the law, you act to fix your status soon.
Answered on Jan 31st, 2013 at 7:42 PM

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You need to bring all your Immigration Documents and other related paperwork to the consultation. Many J-1 Visas are subject to a requirement that you return to your country after your program has ended. I assume you are no longer meeting the requirements of your J-1 Program. The J-1 Program requirements depend on the country you come from and what type of J-1 Program you are in. If you are subject to the 2 year return requirement it will be very difficult to get your green card here while in the U.S.
Answered on Jan 31st, 2013 at 7:36 PM

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Immigration Law Attorney serving Staten Island, NY at Law Office of Jeffrey Lisnow
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You should have an attorney review all of your documents BEFORE you do anything.
Answered on Jan 31st, 2013 at 6:52 PM

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