Are you currently in the United States on a J1 visa and thinking about staying here permanently? Many people with a J1 visa wonder if they can get a Green Card and continue building their life in the U.S. The good news is that it’s possible—with the right steps and support.
In this guide, we’ll explain how to change from a J1 visa to a Green Card, including special options like changing a J1 visa to asylum or J1 visa to SIJS (Special Immigrant Juvenile Status). This article is written in simple English, so even if you’re not fluent, you’ll understand the key points.
What is a J1 Visa?
The J1 visa is a temporary, non-immigrant visa for people who join cultural exchange programs in the U.S. These programs include internships, training, research, teaching, and Au Pair work. After finishing the program, J1 visa holders are expected to return to their home country and share what they’ve learned.
Some J1 holders are also subject to the two-year home residency requirement. This means they must return to their home country for two years before applying for permanent residency—unless they get a waiver.
Understanding the Green Card – What is it?
A Green Card, officially known as a Permanent Resident Card, allows you to live and work permanently in the United States.
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Work legally in the U.S.
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Travel freely (with some limitations)
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Apply for U.S. citizenship after a few years
But getting a Green Card from a J1 visa is not always easy—it depends on your situation and whether you qualify for any special categories.
Is Dual Intent Allowed with a J1 Visa?
Some U.S. visas allow dual intent, meaning you can enter the country temporarily while planning to apply for a Green Card later. The J1 visa does not have dual intent. That means if you’re on a J1 visa, you’re expected to leave unless you qualify for an exception.
To stay in the U.S. permanently, you’ll need to change your status, apply for asylum, or go through Special Immigrant Juvenile Status (SIJS) if you’re under 21 and meet the requirements.
Eligibility for Transitioning from a J1 Visa to a Green Card
Transitioning from a J1 visa to a Green Card involves several steps, and the eligibility criteria can vary depending on the path you choose. Here are some general eligibility requirements:
- Family Sponsorship: If you are married to a U.S. citizen or have a close family member who is a U.S. citizen or Green Card holder, they can sponsor you for a Green Card.
- Employment-Based Green Card: If you have a job offer from a U.S. employer, they may be able to sponsor you for a Green Card. This process often involves a Labor Certification to prove that no qualified U.S. workers are available for the position.
- Asylum: If you fear persecution in your home country due to your race, religion, nationality, membership in a particular social group, or political opinion, you may apply for asylum in the U.S. This path can lead to a Green Card after one year of being granted asylum.
- Special Immigrant Juvenile Status (SIJS): For J1 visa holders under 21 years old, SIJS is an option. This status allows you to apply for a Green Card if a U.S. court has declared you dependent on the court or placed you under the custody of a state agency or individual.
- Waiver of the Two-Year Home Residency Requirement: Some of the J1 visa holders are subject to a two-year home residency requirement, meaning they need to return to their home country for two years before applying for a Green Card. However, you can apply for a waiver of this requirement based on specific grounds such as persecution, hardship to a U.S. citizen or permanent resident spouse or child, or if a U.S. government agency requests your stay due to your skills.
Steps to Change from a J1 Visa to a Green Card
Here is a step-by-step guide to changing from a J1 visa to a Green Card:
Step 1: Determine Your Eligibility
First, you need to determine which path is best suited for your situation. Whether it’s through family sponsorship, employment, asylum, or SIJS, understanding your eligibility is crucial.
Step 2: Apply for a Waiver (if applicable)
If you are subject to the two-year home residency requirement, you must apply for a waiver. The waiver can be requested on the following grounds:
- No Objection Statement: Your home country may issue a statement that they have no objection to you staying in the U.S.
- Request by a U.S. Government Agency: If a U.S. government agency considers your work vital, they can request that you stay.
- Persecution: If you fear persecution in your home country, you can apply for a waiver on this ground.
- Exceptional Hardship: If returning to your home country would cause exceptional hardship to your U.S. citizen or permanent resident spouse or child, you can apply for a waiver.
Step 3: File the Appropriate Immigration Forms
Once your waiver is approved, or if you are not subject to the two-year requirement, you can begin the process of applying for a Green Card. The forms you need to file will depend on your chosen path:
- Family Sponsorship: File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status.
- Employment-Based Green Card: Your employer will need to file Form I-140, Immigrant Petition for Alien Worker. Once that is approved, you can file Form I-485.
- Asylum: File Form I-589, Application for Asylum and for Withholding of Removal. After one year of being granted asylum, you can apply for a Green Card using Form I-485.
- SIJS: You will need to go through a court process to obtain an order that you are eligible for SIJS. Then, you can file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, followed by Form I-485.
Step 4: Attend the Biometrics Appointment
After you file your forms, you will receive a notice for a biometrics appointment. This is where the U.S. Citizenship and Immigration Services (USCIS) will take your fingerprints, photo, and signature.
Step 5: Attend the Green Card Interview
Next, you will attend a Green Card interview at your local USCIS office or a U.S. consulate if you are outside the United States. During the interview, the officer will ask questions about your application to verify your eligibility.
Step 6: Receive Your Green Card
If your interview goes well and your application is approved, you will receive your Green Card in the mail. Congratulations! You are now a lawful permanent resident of the United States.
Special Considerations for Au Pairs and Other J1 Categories
For Au Pairs and others in short-term exchange programs, the path to a Green Card may require additional steps or considerations. Here are some options:
Marriage to a U.S. Citizen
One of the most common paths for Au Pairs is marriage to a U.S. citizen. If you marry a U.S. citizen, they can sponsor you for a Green Card through family sponsorship. This process is typically straightforward but does require proof that your marriage is genuine.
J1 Visa To Asylum
If you fear returning to your home country due to persecution, you may apply for asylum. After one year of being granted asylum, you can apply for a Green Card. You can learn more about changing your J1 visa to asylum by contacting our law firm.
J1 Visa to Special Immigrant Juvenile Status (SIJS)
For J1 visa holders under 21 years old who have been abused, neglected, or abandoned, SIJS is an option. To qualify, a U.S. court must declare you dependent on the court or place you under the custody of a state agency or individual. Once SIJS is granted, you can apply for a Green Card. To change your J1 visa to SIJS, you can contact our law firm to know your options.
Employment-Based Green Card
If you have a job offer from a U.S. employer, they may be able to sponsor you for a Green Card. This is a more complex process and often requires the employer to prove that no qualified U.S. workers are available for the job.
Challenges and Common Pitfalls
Changing your J1 visa to a Green Card can be complicated, and there are several challenges you may face:
Home Residency Requirement
If you are subject to the two-year home residency requirement, it can be a significant hurdle. Without a waiver, you must return to your home country for two years before applying for a Green Card.
Timing
The timing of your application is crucial. If you apply for a Green Card while your J1 visa is still valid, you must ensure that you maintain your legal status throughout the process.
Documentation
You must provide accurate and complete documentation throughout the process. Any mistakes or missing information can lead to delays or even denials.
Legal Assistance
Given the complexity of the process, it is highly recommended that you seek legal assistance. Our law firm Santos Khoury LLC can help you through the process, ensuring that all requirements are met and increasing your chances of success.
Conclusion
Changing from a J1 visa to a Green Card is a complex but achievable goal with the right information and support. By understanding the eligibility requirements, navigating the application process, and seeking legal assistance when necessary, you can make your dream of permanent residency in the United States a reality. Whether through family sponsorship, employment, asylum, or SIJS, each path requires careful planning and adherence to U.S. immigration laws. If you’re ready to take the next step, consider consulting with Santos Khoury LLC to guide you through the process and help you achieve your immigration goals.
Frequently Asked Questions
- Can I apply for a Green Card while on a J1 visa?
Yes, you can apply for a Green Card while on a J1 visa. However, you must meet specific eligibility requirements and address any restrictions, such as the two-year home residency requirement, if applicable.
- What is the two-year home residency requirement, and how can I get a waiver?
The two-year home residency requirement mandates that some J1 visa holders return to their home country for two years before applying for a Green Card. You can apply for a waiver of this requirement based on reasons such as persecution, hardship to a U.S. citizen or permanent resident family member, or a request from a U.S. government agency.
- How long does it take to transition from a J1 visa to a Green Card?
The time it takes to transition from a J1 visa to a Green Card varies depending on the specific path you choose, such as family sponsorship or employment-based Green Card. The process can take anywhere from a few months to several years.
- Can I stay in the U.S. while my Green Card application is being processed?
Yes, if you apply for Adjustment of Status (AOS), you can stay in the U.S. while your Green Card application is being processed. However, you must maintain your legal status and follow all USCIS guidelines.
- What if my Green Card application is denied?
If your Green Card application is denied, you may have the option to appeal the decision or file a motion to reopen or reconsider your case. It’s essential to consult with an immigration attorney to understand your options.
- Can I apply for asylum while on a J1 visa?
Yes, you can apply for asylum while on a J1 visa if you fear persecution in your home country. If granted asylum, you can apply for a Green Card after one year.
- What is Special Immigrant Juvenile Status (SIJS), and who is eligible?
SIJS is a status available to individuals under 21 years old who have been abused, neglected, or abandoned by one or both parents. To be eligible, you must obtain a court order declaring that it is not in your best interest to return to your home country. Once granted SIJS, you can apply for a Green Card.
- Can I work in the U.S. while my Green Card application is pending?
Yes, if you file for Adjustment of Status (AOS), you can apply for a work permit (Employment Authorization Document) while your Green Card application is pending.
- Do I need a lawyer to change my J1 visa to a Green Card?
While it is not required to have a lawyer, it is highly recommended due to the complexity of the immigration process. An experienced immigration attorney can help you navigate the process, avoid common pitfalls, and increase your chances of success.
- How can Santos Khoury LLC assist in the J1 to Green Card process?
Santos Khoury LLC specializes in immigration law and can assist you in transitioning from a J1 visa to a Green Card. We can help you with the waiver process, applying for asylum or SIJS, and ensuring that all forms and documentation are correctly submitted.
