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?
2 Answers from Attorneys
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.
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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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