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2 year home residence

G

goldberry

New Member
Hi!
I was in USA on J1 and I am subject to 2 year home residence. But my husband won Green card and now there is a big chance that I will be refused green card because of my 2 year home residence. So If I do not apply now for green card (because I do not want to have denial on my records), can I apply for family sponsored visa in 2 years?
 
You can lift the 2 year residence with a waiver. There are a few types of waivers but the most common one is a no objection.
 
Actually there are no grounds. I mean you don't need to meet any conditions, just that your country doesn't have any objection for you to leave. Usually the 2 year is given in the idea you are learning something US and then your country benefits from it. But if the country didn't pay for your learning then it shouldn't have any objection for you to leave.

Here are some links about it:
http://www.greencardlawyers.com/workvisas/J-1visas/J-1Waivers.html#No%20Objection%20Letter
http://travel.state.gov/visa/temp/info/info_1296.html
this one applies to my home country (Romania) but probably is the same for you : http://www.roembus.org/Consular/Eng/NO-OBJECTION%20LETTER.htm
 
Goldbarry,

You have 2 options:

1. Find the waiver

2. Spend two year in your home country and then apply for the GC assuming your husband gets it.

There are not too many work around for the J visa, I was a J1 holder myself.

What country holds your J1?

Good luck,
 
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