Q: Hello. Im about to marry someone who is looking to become a citizen on j1. Can she get deported while paperwork in proce
A:
To provide accurate advice on this immigration situation, I would need more details. However, I can offer some general information that may be helpful:
1. J-1 visa status: The J-1 visa is typically for exchange visitors. The rules and requirements can vary depending on the specific J-1 program.
2. Marriage to a US citizen: Marriage to a US citizen can potentially provide a path to permanent residency (green card) and eventually citizenship, but it doesn't automatically grant these benefits.
3. Adjustment of status: If your fiancée is eligible, she may be able to adjust her status to become a permanent resident while in the US. This process involves filing several forms, including Form I-485.
4. Maintaining legal status: It's crucial that she maintains her legal J-1 status while any paperwork is in process. Violating visa terms could lead to deportation.
5. Two-year home residency requirement: Some J-1 visas have a two-year home residency requirement. If this applies, it may need to be waived before adjusting status.
6. Processing times: Immigration processes can take months or even years. During this time, it's important to follow all rules and keep documentation current.
7. Legal assistance: Given the complexities of immigration law, it's highly recommended to consult with an experienced immigration attorney for personalized advice.
Remember, deportation risks can depend on various factors including visa compliance, eligibility for adjustment of status, and individual circumstances. An immigration lawyer can provide guidance specific to your situation.
A: If you are a US Citizen, you can sponsor your bride on a J1 visa for a green card only if her J visa is not subject to the 2 year return home residency requirement. If it is a waiver is available. Consult with counsel for more specific advice.
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