Bridging & Maintaining Your Status in the United States While I-612 Waiver is Pending
J-1 Cultural Exchange Visas often come with a 2-year residency requirement pursuant to Sec.(212)e of the Federal Regulations. Foreign Nationals holding such J-1 visas, often get trapped applying and waiting for an I-612 to be approved, before moving to file for change of status or adjustment of status with U.S. Citizenship & Immigration Services (“USCIS”).
I will share three essential tips our immigration lawyers use to successfully navigate changing our clients J-1 visa status to a new work visa status; or adjusting clients to a U.S. Permanent resident status, notwithstanding a pending I-612 waiver.
The frustration of having a lucrative job offer, or marriage to a U.S. citizen that is imminent can cause grief for individuals and professionals whose circumstances have changed, and they now seek not to return home for the mandatory 2-year residency requirement as a condition of his or her respective J-1 cultural exchange program.
The First tip: It is never too early to file an I-612 waiver as soon as the basis for waiver presents itself. For instance, if the non-citizen plans to marry a U.S. citizen, filing for a waiver of 2-year residency ‘no-objection’ or ‘hardship’ waiver will not impede your J-1 status. However, Due to U.S. Immigration legal intent issues, it is important to hire an immigration lawyer to eliminate any suspicion of misplaced intent during initial entry to the United States.
Second tip: Request an opinion from DOS regarding whether a J-1 visa holder is actually subject to Sec.(212)e, even if it is ‘plainly’ stated on the actual visa. Often this requirement is added incorrectly to a J-1 visa or the requirement may have changed or been waived as a matter of law. The DOS opinion would trump the demarcation on the visa requiring 2-year residency requirement back in one’s home country.
The Final tip: An experienced immigration lawyer can navigate filing for adjustment of status or change of status with only a I-612 receipt notice from DOS where approval is still pending. Especially when one’s J-1 visa status will expire if not immediately bridged. Instead, one may file for adjustment of status or change of status with only an I-612 receipt notice concurrent with forms I-485, I-129 or I-539. Certain conditions must be met when filing without actual approval in hand. Immigration lawyers need to represent clients with the DOS and USCIS to ensure a smooth approval process by coordinating with the two different government agencies.
Always consult with an immigration attorney before taking drastic actions such as leaving the United States to preserve one’s status; despite being urged to do so by one’s J-1 sponsor or employer. There are legal options available that require an individual to reach out to his or her own personal immigration counsel for legal advice.
Thank you for listening this has been your ‘Just wait one U.S. Immigration Minute. We hope these tips help you feel more confident in knowing there are ways to not feel trapped or anxious about the process of waiving a 2-year foreign residence requirement while remaining in the United States.
We have successfully processed these U.S. immigration matters for over 25 years. To schedule a consultation, you may email us at info@becapitallaw.com or call / text (703)966-0907. B&E Capital – Vassell Law Group, PC | http://www.vasselllaw.com | http://www.becapitallaw.com | Members of the American Immigration Lawyers (AILA).