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  1. #1
    Join Date
    Oct 2014
    Posts
    4

    Default Problems With a Past Visa Affecting Adjustment of Status

    Dear all,

    Here is my situation. I came to USA as an exchange student in 2004 with J1 visa with 2 year rule does apply, after my exchange done, I wanted to continue study in USA, so I just ignore the 2 year rule, want to give a shot for F1 visa, I was lucky and successfully changed to F1 visa. After a few years, I married a USA citizen and get a green card. In 2003, I applied for naturalization and interviewed in Feb 2014, I passed the tests, but the immigration officer said there is an issue about my J1 visa, the question is I have already get a green card, what is that problem? He give me a letter not indicated approve, and he told me that he needs to do some research about that, there may not be a problem while he did not sure. If there is a problem, I will receive a letter in two weeks for extra document, if not, I will receive a oath letter in one month, that's what he said. It has been 8 month, I still get nothing, I called immigration office, they told me to wait, and I got info pass in september to ask, still they told me to wait 3 more month, so what can I do? Do I just wait forever or I need to ask a lawyer to help? Does lawyer have special authorization to contact immigration office directly about my case? Now, I am so worry about if they just rejected me, I need some advise, thank you very much!

    Kelly

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Problems With a Past Visa Affecting Adjustment of Status

    Marriage to a US citizen does not negate the 2 year residency rule. It appears that you were granted a green card in error. Your citizenship application (I suspect in 2013 rather than 2003 as posted)started a close review of your immigration history and this error was discovered.

    You need an immigration attorney. It is possible that you will need to serve the residency or apply for a residency waiver or apply for a hardship waiver. There may be case law applicable to your circumstances. Your problem cannot be solved by doing nothing or by a forum.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Problems With a Past Visa Affecting Adjustment of Status

    Information on a waiver of the J1 HRR can be found here.

  4. #4
    Join Date
    Oct 2014
    Posts
    4

    Default Re: Problems With a Past Visa Affecting Adjustment of Status

    Quote Quoting T53147
    View Post
    Marriage to a US citizen does not negate the 2 year residency rule. It appears that you were granted a green card in error. Your citizenship application (I suspect in 2013 rather than 2003 as posted)started a close review of your immigration history and this error was discovered.

    You need an immigration attorney. It is possible that you will need to serve the residency or apply for a residency waiver or apply for a hardship waiver. There may be case law applicable to your circumstances. Your problem cannot be solved by doing nothing or by a forum.
    Thank you for your response, I am worried about J1 waiver too, actually I am Chinese and study abroad in Holland, and then exchange to USA from Holland, is that going to be a problem for applying J1 waiver in USA? Actually since I got green card, I went back to China for vacation totally accumulated one and half year, do you think if I stay one more half year, is it 2 year rule going to automatically negate?

  5. #5
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Problems With a Past Visa Affecting Adjustment of Status

    YOU NEED TO CONSULT AN ATTORNEY. Yes I am deliberately screaming. Given the importance and complexity of your situation, an attorney with significant immigration practice is essential.

  6. #6
    Join Date
    Oct 2014
    Posts
    4

    Default Re: Problems With a Past Visa Affecting Adjustment of Status

    yes I will go to attorney next week, but some of other people really freaked me out, they said USCIS will revoke my green card and deport me, now seems like I am waiting for a dead news, but I have family here, so scared now.

  7. #7
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Problems With a Past Visa Affecting Adjustment of Status

    Don't panic. Even the worst case can eventually be solved. Unfortunately for you, the shortcut you tried to take has come back to haunt you.

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