Ask a Lawyer -- Immigration
Question 35

Question: My J1 visa has expired but I am working with my social security number. Now I am married to US citizen. Would the work I am doing cause my application for a green card to be denied? Thank you. From: Sadat, Ohio 09/05/2009 Response: Hello Sadat: If you are a medical graduate, you are automatically subject to the requirement that you return home for a period of two years before you can do anything to become a permanent resident of the U.S. under Section 212(e) of the Immigration and Nationality Act. Waivers of this requirement for medical graduates are granted in one of three ways: by an interested government agency (IGA) ; by showing “exceptional hardship “ to a U.S. citizen or permanent resident spouse or child; or by demonstrating that you will suffer persecution in your country of last residence on account of your race, religion or political opinion. Hardship and persecution waivers are difficult to obtain, so most medical graduates pursue a waiver from an interested government agency (IGA) or from one of the 50 States under that state’s Conrad Program. (See below) The Department of Veterans Affairs (VA), the Health and Human Services Department (HHS), Appalachian Regional Commission (ARC), and the Delta Regional Authority are the IGAs who grant these waivers to those who meet their qualifications. In addition, each State grants 30 waivers each year to foreign medical graduates under the Conrad Program( “State 30” waivers). You must meet the specific program’s qualifications to apply for a waiver. If you are not a foreign medical graduate, you may or may not be subject to the two-year home rule under 212(e). You can find out by looking at the visa stamp in your passport. Toward the bottom, look for the following: ”Bearer is subject to 212(e)” or “Bearer is not subject to 212(e)”. If you are not subject to 212(e), then you can apply for permanent residence based on your marriage, assuming that you meet all of the other eligibility requirements and the requirements for admissibility to the United States. If the visa stamp says that you are subject to 212(e), you can obtain a waiver on the basis of exceptional hardship or persecution, as stated above, or on the basis of a “no objection” letter from your home country. Under some circumstances, you may in fact not be subject to 212(e) even though the stamp says you are. The J-1 waiver issue is quite complicated, especially for medical graduates. Your unique circumstances will determine what course of action you should take. I would advise you to consult with an immigration attorney before you proceed any further. Regards, Sharon Ames Submitted by: Sharon Ames, Syracuse, NY  Web site for Sharon Ames Add A Comment

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