Keeping families together.

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.

HIV Waiver

Tremendous advances in the treatment of HIV have dramatically changed the life expectancy of individuals living with HIV such that HIV is now a chronic health condition. With today's mobile global population, there is increasing likelihood that a foreign national (female or male) will be HIV positive.  Unfortunately, societal attitudes toward individuals living with HIV remain harsh.

The U.S. immigration policies on HIV are among the harshest in the world.  An individual living with HIV must apply for an inadmissibility waiver to enter the U.S.  To qualify for the waiver as an immigrant, applicants must have a qualifying relationship with a U.S. citizen or legal permanent resident and must further prove that they do not represent a public health risk and will not require use of government resources (e.g. medical care) without prior consent of the government agency.

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.

Blackwell Law Group, S.C. ●  3970 N Oakland Ave, Suite 604 ● Milwaukee, WI 53211 ● (414) 964-1900

© Blackwell Law Group S.C. All rights reserved

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.