J1 Waiver

W

Wedas

New Member
I’ve arrived to USA on Dec. 2004 on a 3 weeks exchange program via (J1) Visa subject to the 2 years HRR. On August, 2006, Almost after 20 months, I came back to USA on (F1) Visa this time & completed 1 year master degree.
After obtaining the (EAD) ‘Employment Authorization Document’ and during the OPT ‘Optional Practical Training’, I’ve got married to a U.S. citizen last Sep. 2007. My current I-20 expires on May, 31, 2008. Due to the contract I’ve signed with my Sponsor-to finance my education at USA-I have to leave the country once my Visa Expired, or at least within the next 60 days, otherwise I’ll be obliged to pay back my law school tuitions !
Due to many reasons I did not apply for adjustment of status right after marriage. Now, we are ready to apply and my wife is willing to apply for the waiver of the (j1) 2 years restriction due to the hardship expected which is most likely to be met.
I understand that I can get an advanced parole, a travel permission, while submitting my application to change my status based on marriage. Do I still have to waive the J1- 2 years restriction? Can the waiver petition proceeds simultaneously with the changing of status & still be able to get the advanced parole, that is, the travel permission ? How long all this stuff would take, given that I'll apply through Vermont office !
Best
 
Wedas said:
I’ve arrived to USA on Dec. 2004 on a 3 weeks exchange program via (J1) Visa subject to the 2 years HRR. On August, 2006, Almost after 20 months, I came back to USA on (F1) Visa this time & completed 1 year master degree.
After obtaining the (EAD) ‘Employment Authorization Document’ and during the OPT ‘Optional Practical Training’, I’ve got married to a U.S. citizen last Sep. 2007. My current I-20 expires on May, 31, 2008. Due to the contract I’ve signed with my Sponsor-to finance my education at USA-I have to leave the country once my Visa Expired, or at least within the next 60 days, otherwise I’ll be obliged to pay back my law school tuitions !
Due to many reasons I did not apply for adjustment of status right after marriage. Now, we are ready to apply and my wife is willing to apply for the waiver of the (j1) 2 years restriction due to the hardship expected which is most likely to be met.
I understand that I can get an advanced parole, a travel permission, while submitting my application to change my status based on marriage. Do I still have to waive the J1- 2 years restriction? Can the waiver petition proceeds simultaneously with the changing of status & still be able to get the advanced parole, that is, the travel permission ? How long all this stuff would take, given that I'll apply through Vermont office !
Best
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I think you're confused or ignorant, probably the latter,
which is surprising since you apparently are going to law school.
(yeah everyone, go ahead and flame me for that, but this is appalling.)


You can't adjust status until you have satisifed the 2 year requirement or waived it.
Hardship waivers are so hard to get, it's not funny and it is even funnier
that you want to apply for a hardship waiver with just 4 months to go on the HRR.

Your wife doesn't apply for a waiver to a J-1 if she is a US citizen.
You apparently have the 2 year requirement. You apply for the waiver.
If you exit the country and try coming back as a non-immigrant,
it might be possible you'll be stopped if married to a US citizen
because you have intent to immigrate.

How many months have you spent back in your home country? Was it 20?
if so, you may be better off just spending 4 months back home, rather than
take 4-6 months to get the waiver through

Sounds to me, and I'm not a lawyer so take that into account, but
sounds to me that you are stuck with leaving the country to not have to pay back your tuition
and you'll need to wait for the J-1 waiver to be finished
and then have your wife file for AOS for you
to enter into the country again.
Figure about 6-12 months to come back assuming you get
either the waiver started up now or finish 4 more months back home

and assuming you get with it on your AOS paperwork as soon as qualify.
 
Last edited by a moderator:
Well, well, well; thank you for your somehow-informative and funny reply.
Of course I’m confused; otherwise I would not post my inquiry in here!
It is utter legal fiction and in fact almost incomprehensible stupidity
to surmise that going to law school means that you are a catch-all categories lawyer. The mandarins of the law will order you out to instant execution if you suggest that a criminal lawyer can handle a family law issue, or that a Tax lawyer might advice a client regarding an immigration law aspect!
Nonetheless, I can’t blame you. Because only the uninformed, of whom, I regret to say, there are a great many, and who maintain such humor despite their ignorance, could believe that a pharmacologist for instance might write down a medical prescription!
Still, to my surprise, your reply was somehow informative.

Thank you again!
 
I remember Judge Wapner on the Peoples court 10-15 years ago.. on tv..
Once a lawyer came up with a small claim for himself.
The lawyer didn't specialize in the point of law, but wasn't in the least prepared
before coming to the judge. Judge Wapner told him he was shocked
that he didn't look into the situation more than he did
before coming to court regardless of what field of law he specialized in.

Hope you get this straighted out. It may be good for you to speak with someone in this field. Perhaps they have a better way of doing it then what occured to me.
 
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