Need to finish three years in Underserved Area, though has a GC

J

j1doc

New Member
Hello

My Question:

I have a friend who is married to a US citizen. She herself was on a J1 job. She has not finished her three years in the underserved area. However she has received her Green Card through her husband.
They are having a lot of problem because of the physical distance between her job and her husband's job.
Now that she has her GC, can she leave her job now though her three year commitment is not done yet. Will she have problems when she applies for her Citizenship, if she leaves her job and does not finish her three year commitment. What can be the consequences of this...
 
no brainer question, i believe!
what are the consequences of immigration fraud?

few years (10 years) back, the J1 visa waiver program for physicians used to be only 2 years of work in an underserved area. INS in all its sincerity delivered GC to these people even before their 2 years were over.

But then some people played spoilsport. they left their job without finishing their 2 year commitment as soon as they got hold of their GC.

naturally, INS had to adapt,.

Now you have to serve for 3 years or go to your home country for 2 years else it be considered an immigration fraud.


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personal opinion only
 
Thank you so much for your reply!
It seems to be intuitive as you say... however my question is... the BCIS already has all her paperwork with them... Even after that (knowing that she did not complete her three years)they decided to give her the GC.
Does this mean that the GC through the other process takes precedence over the 3 year rule process...
In other words is getting a green card through another route takes precendence, and hence negates the 3 year rule. If the 3 year rule is more binding then it would be a fraud... but is this rule applicable in this case (or there can be exceptions allowed like this one)?
Please Clarify
Thanks
 
The person who has not completed 3 years of waiver job is not eligible to adjust status (or obtain immigrant visa) regardless of basis for GC (family vs. employment). It sounds that BCIS erred by approving the petition. It may be wise not to draw their attention to this fact. Obviously, unhappy employer could complain to BCIS. Can you envision the consequences?
 
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