Urgent Help - Strange Case

[mhak]

Dear Friends (especially BigJoe),
A friend of mine has been caught up in a very strange and bad situation and he was desperately seeking some help. So I post his case, in case somebody could shed some light here.

The entire family was on J visa, J1 and J2s respectively.
J1 is suddenly terminated by school and they went out of status. This meant that J2s could not work and/or go to school. What is the best avenue for them to take?

specifically,
1) could J2 kids go to school and change their status to F1?
2) could J2 spouse change visa to H1 (given that they can find a sponsor for that - which is very difficult these days)
3) could J1 send EB2-NIW petition with the hope of getting I140 approved and meanwhile use the benefits of AoS?

Your input is very much appreciated and I am sure my friends will appreciate it too.

[vectorP]

1) could J2 kids go to school and change their status to F1? => Yes, if that school can issue the I-20 form, so the J2 kids can change to F-1 student.

2) could J2 spouse change visa to H1 (given that they can find a sponsor for that - which is very difficult these days) => If the spouse can find US employer in short time.

3) could J1 send EB2-NIW petition with the hope of getting I140 approved and meanwhile use the benefits of AoS? => If J1 is out of status, the J1 holder can not file NIW. But if the J1 holder can change to H1/O1/F1, then can file NIW thereafter. Also see http://www.greencardapply.com/j1/j1_faq_william.htm

[BigJoe5]

Dear Friends (especially BigJoe),
A friend of mine has been caught up in a very strange and bad situation and he was desperately seeking some help. So I post his case, in case somebody could shed some light here.

The entire family was on J visa, J1 and J2s respectively.
J1 is suddenly terminated by school and they went out of status. This meant that J2s could not work and/or go to school. What is the best avenue for them to take?

specifically,
1) could J2 kids go to school and change their status to F1?
2) could J2 spouse change visa to H1 (given that they can find a sponsor for that - which is very difficult these days)
3) could J1 send EB2-NIW petition with the hope of getting I140 approved and meanwhile use the benefits of AoS?

Your input is very much appreciated and I am sure my friends will appreciate it too.

The underlying question is: Are they subject to INA sec. 212(e)? That is the 2 year home residency requirement.

IF yes, they have no recourse to H visas or adjustment without either fulfilling two years back home (time in a 3rd country doesn't count even if you naturalize there) OR get a J waiver (form I-612).

IF no, then they cannot change non-immigrant status or adjust to LPR (GC) because they are out of status exceptas the immediate relative of a USC or through grandfathering via INA sec. 245(i). Neither exception seems likely.

[mhak]

Thanks vectorP and BigJoe5 for the help. (dunno why I did not get update re your replies)

I will update them. I think they have filed for political asylum and their pro bono lawyer has made them sure that they are safe at least until a decision comes. I also suggested them to look for other means of changing their status.

Re kids, one was already F1, but the other one was J2 when this happened, I also suggested to change her status to F1, but it seems not doable!

I had also asked them about waiver for J visa, and they said they can get that letter.

Thanks again for your help. I will update once I have more info.