Q: How do I present documentation of a previous J-1 visa for Adjustment of Status?
I'm in the US on a K-1 visa about to get married, and I'm preparing my Adjustment of Status. I've been to the US before on J-1 visas (I still have a couple in my passport, although they are expired). In the instructions for the Green Card says I have to present "documentation of the past J-1 visas (if applicable), including proof of compliance with or a waiver of the 2-year foreign residence requirement under INA 212(e)". What exactly do I need?
A: You can show your passport and your DS-2019 to show your past J visas and status. The visas and the DS-2019 will show whether you were subject to the 2-year home residency requirement. If so, you will either need to show that you returned to your country for 2 years or more, or that you obtained a J waiver.
A: If you are not subject to the 2-year foreign residence requirement, it should say so on your J-1. If you were subject to it, you’ll need to show that you resided in your country of origin for at least two years in the aggregate. If you returned to the US for any reason—say as a tourist, that time cannot be counted. If you have more than two years in the aggregate, you should be in good shape.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
