QUESTION
Is it possible to move ahead with my I-485 now that I am on a J2?
Asked on May 13th, 2013 on Immigration - New Jersey
More details to this question:
My priority date is May 12, 2008, which will be current next month. My H1B renewal was denied the last time I filed for extension so, I converted to J2 because my wife is doing her residency on a J1 which is subject to two year rule. I was wondering if it was possible to move ahead with my I-485 now that I am on a J2. If I can't what other options are available in my case. I am also currently doing my masters and have about 4 classes left to graduate. Please advice. Thanks.
2 ANSWERS
On what basis would you be filing the I-485? You have to have a valid underlying petition in order to be eligible to file for I-485. Secondly, if your wife is subject to the 2 year home residency requirement as part of her J-1, then by switching to J-2, you also become subject to the same requirement. This requirement has to be either satisfied or your wife would have to obtain a waiver thereof.
Answered on May 16th, 2013 at 7:41 AM
3 Awards
If your wife is a resident, and she is on a J-1 visa, then she is more then likely to be subject to Section 212(e) of the INA. This means that you are also likely to be subject to the two year residence requirement. This means that she/you will need to obtain a waiver of the two year residency requirement.
Answered on May 15th, 2013 at 7:02 PM