QUESTION

my wife's J1 visa with 2 year rule.

Asked on May 22nd, 2014 on Immigration - South Carolina
More details to this question:
She is in USA teaching. I am born US citizen. We have US case # and want to try and apply for waiver, no objection statement. Then apply to change her visa. Her visa expires This July 30th. If we have applied...does see still need to leave the USA by July 30th? If we get answer from waiver and they give her waiver...does she still need to leave? This is really bothering me to think I might be without my wife for 2 years. Any advise?
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1 ANSWER

We see this question a lot in our office.  If the J-1 waiver is approved then unless there is a crime or some other legal violation or ground of inadmissibility, it appears she'd be eligible to adjust status to permanent resident in the US, but she'd need to be evaluated by an immigration lawyer just to make sure.    Because J-1 waivers are technically quite complicated, I hope you're working with an experienced immigration attorney.  That's my advice. Let us know if we can help.  Good luck... Daniel Shanfield http://www.immigration-defense.com/ This information is for general information purposes only. Nothing here should be taken as legal advice for any individual case or situation. Each case is different, and the information provided herein does not constitute a prediction or guarantee of success or failure in any other case. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
Answered on May 23rd, 2014 at 1:22 PM

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