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Miscellaneous Immigration Issues

 

J waivers

Some J visas are issued on condition that you  return to his/her home country for at least 2 years before re-entering the US on any type of permanent visa or temporary employment visa. 

J visa holders may apply for a waiver to that condition based on no objection from their home country, employer interest expressed by a U.S. government agency, hardship to a US citizen spouse or child or fear of persecution on return to home country.  Physicians are also eligible for a waiver subject to agreement to work in a medically underserved area for a specified period of time.

 

  

Change of Status (temporary visas)

Eligible individuals may be able to change to a different type of visa (e.g. from a J visa to a B visa).

In some instances, the U.S. government may require you to travel to a consulate outside the U.S. to complete the status change.  People usually go to either Canada or Mexico.

 

 

 

Replacement of a lost/expired green card

The US government expects all legal permanent residents to hold current green cards as evidence of their legal status in the U.S.  If you are an LPR and travel outside the US, the green card is evidence that you have legal status in the US when you go through immigration on return.  Green cards are valid for either two years or ten years.

If you lose your green card or it expires, you must get a replacement, especially if you intend to travel outside the U.S.

 

Renewal of employment authorization

Some individuals have temporary employment authorization while an immigration application is being processed.  Sometimes that employment authorization reaches it expiration date before the immigration application is approved.  Employment authorization must be renewed to keep work legally in the U.S.

 

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.