Q: Trick problem: I have a J-1 restriction and also overstayed my Tourist visa this year after marry. What to do?
I went back to my country for 5 months after my J-1 expired but before I could complete the 2 years I had to back to USA (under a tourist visa) because my husband was with drug problems and depressed. I couldn't change my status after get married because of the J-1 restriction. Now I overstayed my visa and also have the J-1 restriction problem. So 2 big problems. I wanted to apply for a hardship waiver to solve the J-1 restriction problem. Do I need to submit another waiver application because I overstayed or if I get a waiver for my J-1 restriction this will be enough to be able to change status?
A: We would need to review your immigration history completely to be able to give you an answer to your question. Part of the issue depends on the type of J-1 visa that you had, and the specific exchange program under which you obtained the J-1 visa. If it turns out that you are eligible for a waiver of the 212e requirement that you return to your home country for 2 years, and if you are granted the J waiver, then, the next question is whether you have any other grounds of inadmissibility. If our analysis of your situation results in a conclusion that you don't have any other grounds of inadmissibility, then it appears that you could adjust status to permanent residence in the US, without leaving, and without needing any further waivers. But again, we would need to review your history thoroughly to be able to provide you with answers. Best wishes to you.
A: Going just by your message, it would appear that if you are able to receive a J-1 waiver, you should be able to adjust status to green card despite the overstay, providing there is nothing else negative in your immigration history. Of course, your entire immigration history and marriage situation needs to be reviewed by an experienced immigration lawyer. Immigration is not the place for DIY if anyone wants to be successful!
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