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

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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Answered on 4/28/10, 7:13 pm

Anthony Siliato Meyner and Landis LLP

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 or contact our office at 973 602-3434.

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Answered on 4/29/10, 8:53 am

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