J-1 Waiver to Green Card Process. Technically, J-1 visa holders are not eligible for the U.S. green card. In order to obtain a J-1 visa, you need to demonstrate that you have ties to your home country (such as family or assets) and that you fully intend to return once your J-1 stint has ended.
Contents
- 1 Do you need waiver for green card?
- 2 Who needs J1 waiver?
- 3 Who is subject to 212e?
- 4 Is it hard to get a J1 waiver?
- 5 Who is eligible for green card fee waiver?
- 6 Who needs a waiver to enter the US?
- 7 Who qualifies for J-1 visa?
- 8 How can I get J1 waiver from India?
- 9 What is J-1 visa waiver?
- 10 Are you subject to the 2 year 212e residency requirement?
- 11 Are J-1 visa holders permanent resident?
- 12 How long J1 waiver takes?
Do you need waiver for green card?
If you wish to apply for a green card, you will need to leave the United States and apply at a U.S. embassy or consulate. In order to avoid the three- or ten-year entry ban, you will need to apply for a waiver of inadmissibility to re-enter the United States.
Who needs J1 waiver?
The five bases are as follows:
- No Objection Statement.
- Persecution.
- Request by an Interested United States Federal Government Agency.
- Exceptional Hardship to a U.S. Citizen or (or permanent resident) Spouse or Child of an Exchange Visitor.
- Request by a Designated State Public Health Department or its Equivalent.
Who is subject to 212e?
Who is Subject to 212(e)? As a J-1 Exchange Visitor, you are subject to 212(e) if you: Receive direct or indirect funding from either your home country government or the U.S. government. All J-1 Exchange Visitors sponsored by NIH are subject to 212(e) on this basis.
Is it hard to get a J1 waiver?
If you received funding from your home government or an international organization, or are subject based on the skills list, you may request a waiver for the J-1 home residency requirement. However, it is extremely difficult to get a waiver if you received U.S. government funding.
Who is eligible for green card fee waiver?
You may qualify for a fee waiver if your household income is at or below 150 percent of the Federal Poverty Guidelines at the time you file. Check the current poverty levels for this year at Form I-912P, HHS Poverty Guidelines for Fee Waiver Requests.
Who needs a waiver to enter the US?
You will need to apply for a US entry waiver if any of the following apply to you: You have been refused entry at the border. You have overstayed your welcome in the US (over 6 months in the country without status) You have worked illegally in the United States.
Who qualifies for J-1 visa?
In order to be eligible, a trainee must be a foreign national with either a degree or professional certificate from a foreign post-secondary academic institution and at least one year’s work experience in his or her occupational field, or five years of work experience in the occupational field in which he or she is
How can I get J1 waiver from India?
You need to upload the following documents:
- Affidavit (notarized and attested by embassy)
- Bio-data (notarized and attested by embassy)
- Bachelors Degree and Masters Degree.
- J-1 visa with a simple clarification letter explaining why you are seeking a waiver (merged into the same pdf)
- Passport First and Last Page.
What is J-1 visa waiver?
A J-1 visa waiver eliminates the two-year home residency requirement and allows a physician to stay in the U.S. to practice in a federally designated primary care or mental health Health Professional Shortage Area (HPSA) if recommended by an interested federal government agency.
Are you subject to the 2 year 212e residency requirement?
Overview. Some exchange visitors with J-1 visas are subject to a two-year home-country physical presence requirement. It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e).
Are J-1 visa holders permanent resident?
Yes, transitioning from a J1 visa to green card status is possible, but not all J1 visa holders will be eligible for a green card. Also, to obtain a J1 visa you must prove that you have close ties to your home country and that you plan on returning there after your J1 visa expires.
How long J1 waiver takes?
A: According the State Department’s website, a waiver based on a request from a State health agency may take 4 to 6 weeks once all necessary documents have been submitted.
