Legal Question in Immigration Law in New Jersey

Hi I have overstayed my visa J1 (7 years here already). I just graduated from a nursing school and I have an employer to sponsor me. Is it possible to apply for the Green Card? Can I get work permit while waiting for the GC?

Asked on 4/23/10, 6:16 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office
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Unfortunately, it won't be legally possible. You can't get a work permit while waiting for your employment-based green card (unless you are eligible under EB1 or EB2 categories and can concurrently apply for adjustment of status), nor can you benefit from the petition for a green card filed by a prospective employer. Because of your overstay, the only way you can now adjust status would be through a valid and real marriage to a US citizen, where an "overstay" will be forgiven.

P.S. In addition, you need to review your J1 visa to make sure that it's not subject to 212e requirement/foreign residency.

I offer paid confidential legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you’d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I’d be glad to help you. Please email at Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238. Office Telephone line is 1-402-210-2040 (please email first to schedule a consultation).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn’t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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4/28/10, 7:13 pm
Anthony Siliato Meyner and Landis LLP
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Inasmuch as you are out of status, you are not eligible to adjust status to that of a U.S. permanent resident under an employment-based category or change your status to a work visa status from within the U.S. However, a J-1 overstay does have some employment-based options. I recommend that you schedule a consultation with competent immigration counsel with a specialization in employment-based immigration matters.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation. You may visit our website at www.meyner.com or contact our office at 973 602-3434.

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4/29/10, 8:53 am

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