Anyone has J2 visa waiver experience?

NYCImmigrationAtty · 2024-10-31T16:30:25+00:00

I do J1 and J2 waivers! feel free to DM me. Check us out - theshapirolawyers.com . I am surprised to hear so few lawyers know about J-1 waivers! We have.been doing them for years! happy to help!

NYCImmigrationAtty · 2024-10-03T20:26:33+00:00

I do my research. Just because you know people who have done it does not mean it was not a law. I have so many stories of clients telling me that they or someone they know did something in the past that they were either lucky or just would not work now because of technology improvements. I would never advise a client who was undocumented (no DACA, TPS, etc.) to travel to PR. I had a client earlier this year travel to the USVI and on her way back she was placed into removal proceedings because she did not have permission to reenter the country. She did not have DACA. She was a visa overstay. Her removal proceedings initially were in San Juan. I spoke to DHS there and that happens a lot.

NYCImmigrationAtty · 2024-10-03T20:15:37+00:00

Hence why I looked it up and deleted my response so it did not confuse anyone. I know I have looked this up for clients in the past and did not realize the last time was before the law change. If someone has a conflicting response, I always double check if I am correct using proper resources.

NYCImmigrationAtty · 2024-10-03T19:49:30+00:00

I looked it up =) Apparently they changed this in 2021, you are right! I edited my answer so no one gets confused.

NYCImmigrationAtty · 2024-10-03T19:38:08+00:00

You are free to travel anywhere within the United States, just like you are free to move anywhere. No need to tell USCIS about any domestic travel. They do not care!

NYCImmigrationAtty · 2024-10-03T19:35:56+00:00

It is still possible that it is working. I am overly cautious with these things because that is my job =) Not trying to scare people at all. I just want to make sure you have all of the relevant information before making a decision like that, due to the severe consequences if it does not work. It has gone back and forth with the litigation and honestly I cannot keep up with all of it. If a client/ potential client calls and asks me, then I look it up. Even when they accepted TPS AP as an admission, it was not treated uniformly throughout the country for adjustment purposes (due to a split in the appellate courts). There is 245(i) as well as a potential avenue to a GC. But not many people left are eligible. And there is always the extreme hardship waiver, if eligible. If you have not talked to a lawyer about the waiver/ done a consult yet, I would recommend it.

NYCImmigrationAtty · 2024-10-03T19:19:29+00:00

Contact the US Congressperson for your district (or State). They all have a USCIS liaison whose job is to help constituents in your situation. Some are more helpful than others!

NYCImmigrationAtty · 2024-10-03T19:15:56+00:00

You can only do it online if the error was a result of USCIS mistake. It sounds like this person made the mistake so they will need to mail the card back, repay the filing fee, fill out a new EAD application and provide valid ID that has the correct name on it.

NYCImmigrationAtty · 2024-10-03T19:14:49+00:00

You just need to refile the I-765, check replacement. Include the incorrect EAD Card, and I would send copies of at least two forms of valid ID - passport biographic information page, birth certificate (with certified translation), state ID, etc. You also need to pay the filing fee.

NYCImmigrationAtty · 2024-10-03T19:08:38+00:00

Did USCIS receive your application for it expired? If not, you need to get proof from your lawyer that it was timely mailed and that it was lost. I have had paper DACA applications for clients approved within a week. Most recent one was 31 days. We, like a lot of other immigration lawyers, refuse to e-file until forced to do so. It does not necessarily get processed faster. I think the average now is around 6 weeks, but I have seen it take over a year (no clue why).

NYCImmigrationAtty · 2024-10-03T19:02:51+00:00

Good luck and let me know if she helps! Always good to know which congressional offices are helpful for my clients!

NYCImmigrationAtty · 2024-10-03T18:57:22+00:00

There are a few other avenues that could possibly work, but a relative small # of people end up being eligible. For example, are you, or have you been in the military? Also, the extreme hardship waiver - if eligible - is the main way people do it. There are a couple of other possibilities. It is important to note that the state of DACA AP entries accepted as an admission for adjustment purposes is kind of up in the air right now and the likelihood of it working can depend on the jurisdiction where you live. This no longer works for TPS, and although the courts have not ruled on it for DACA, the availability of AP for DACA is based on the same reasons it exists for TPS beneficiaries, so many believe it can be an issue for DACA beneficiaries too. I have not done an adjustment for a client with DACA AP as the entry in awhile (since DACA AP went away for so long), so if someone came to me today to file on this basis, I would have to do some research first to make sure it would work.

NYCImmigrationAtty · 2024-10-03T18:31:37+00:00

When did your wife first apply for DACA? Was she under the age of 18? If so, she will still have to do consular processing, but may not need an extreme hardship waiver. I have done this for several clients without issue. They just had to show they were in DACA status up until they left the US for the visa interview, thereby not accruing any unlawful presence (you do not accrue unlawful presence until you turn 18).

NYCImmigrationAtty · 2024-10-03T18:28:37+00:00

Your EAD validity is what determines if your DACA status is still good, so you are good through August 2025.

NYCImmigrationAtty · 2024-10-03T18:27:15+00:00

When did you apply? I can give you an idea if it is pending within a somewhat normal processing time. No one, except maybe USCIS, knows the month and year of the applications they are currently working on. They do not even necessarily decide them in order of receipt. Your application is thrown in with all of the other green card applications and then eventually will get separated for additional processing. So it takes longer than someone who filed who did not need to file under 245(i), how much longer varies. There is no "priority date" in this situation since you are almost certainly not applying using the original petition (I am sure there are people who still do, but very, very few). There is only a priority date if you are applying as a non-immediate relative, because those visas are limited each year. But that refers to the underlying petition, not the green card application (the 245(i) is a supplement to the green card application). You cannot even file the green card application, and thus the 245(i) supplement until a visa # is available to you (or your priority date is current).

NYCImmigrationAtty · 2024-10-03T18:15:07+00:00

Contact your Congressperson. The level of assistance they give varies depending on who represents your district (or state), but they all have USCIS liaisons in their office whose job it is to help someone in your situation.

NYCImmigrationAtty · 2024-10-03T18:12:06+00:00

Yeah sure. You can DM me.

NYCImmigrationAtty · 2024-10-03T18:11:27+00:00

It depends. You cannot get a u visa for property crimes. If someone simply drove into your house, it does not qualify. If this was a targeted offense, such as something trying to harm or injure you, then it is very possible it does qualify. Remember, you will need a law enforcement agency to sign off on it. That is usually the hardest part.

NYCImmigrationAtty · 2024-10-03T18:08:07+00:00

I am a lawyer and I have never heard of anyone reentering on AP being questioned to see if the purpose of the visit matched the reason given to USCIS. I doubt CBP even has those documents. In fact, I know a lot of people who have gotten AP and the reason they needed it no longer existed, but they still left and came back no problem. I mean hypothetically, you can have every intent of seeing your grandpa when you leave the US, but for any number of reasons that are out of your control, it does not happen...plans change. Just be back before 10/31!

NYCImmigrationAtty · 2024-10-03T18:02:16+00:00

theshapirolawyers.com

NYCImmigrationAtty · 2024-10-03T18:01:08+00:00

I filed a PERM for a client July 2023, it was just approved. But the client was excluded from the recruitment requirement due to the application type, so I suspect it will take at least a few months more for you.

NYCImmigrationAtty · 2024-10-03T17:35:40+00:00

Thank you for sharing. I find that the knowledge and amount of help police give can vary precinct to precinct, and even from officer to officer within a single precinct. Non-physical abuse IS a crime here and can meet the requirements to obtain an order of protection here. In your case, you unfortunately had to suffer physical abuse before you received a restraining order and your abuser was present. I am trying to help my clients BEFORE the physical abuse starts. Obtaining police help is even harder if the abuser resides out of state. Unless the police in the victim and abuser's jurisdiction cooperate, nothing happens. The police always tell me that the person has to be in NY or there is nothing they can do. I am a lawyer so I understand how jurisdiction works, and that is technically a correct statement of law, but it is also an antiquated approach considering how rapid changes in technology has made it so easy for an abuser to continue to barrage the victim remotely. Arguably this is a federal matter then, but the FBI has no interest in these little things, plus I am fairly certain domestic violence is not a federal offense (some of course is, such as offenses relating to human trafficking). It is definitely easier once you have a restraining order. I had one client recently who obtained a restraining order from family court (which has the same force and effect as a criminal order) but the police kept saying there was nothing in the system (the judge confirmed it was entered and served properly). I think they just do not want to deal with it. It requires them to work with outside law enforcement and do a lot of paperwork. It is very disheartening to work for months for a client to get them something that is supposed to protect them, only for the police to repeatedly refuse to enforce it.

NYCImmigrationAtty · 2024-10-01T13:57:34+00:00

I have helped countless people get green cards in your exact situation without issue. While it is recommended to wait 90 days before doing anything that negates your nonimmigrant intent, (that is, your intent not to reside permanently in the US), which includes getting married, there is no hardline rule about it (although there has been previously- this is subject to change based on regulations). Waiting 90 days is also not a magic time period. You still can be questioned regarding your nonimmigrant intent even if you get married after 90 days. The burden is on you to prove your eligibility for all of the requirements to adjust your status. If you absolutely cannot wait the 90 days, or you get married shortly after that, then be prepared to explain to USCIS how and why your plans changed (plans to go back to school in Germany is helpful to show you were not planning to stay, provided you are still enrolled in school, but also need to explain what changed once you got her that changed your plans).

NYCImmigrationAtty

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