If you are in the United States on a J1 visa and wish to stay permanently, you might be wondering how to change your J1 visa to green card. The process may seem complex unless you have a professional immigration lawyer to help you. For J1 visa holders who cannot follow traditional paths such as employment-based green cards or marriage, Special Immigrant Juvenile Status (SIJS) and asylum present viable options. This article will focus on these less-common but highly effective routes for obtaining a green card, providing clear, step-by-step guidance.
What Is a J1 Visa?
A J1 visa is a non-immigrant visa issued to individuals participating in approved exchange programs in the U.S. These programs may involve education, work, or cultural exchanges. While the J1 visa is temporary, many people want to stay in the U.S. permanently. If you’re one of them, this guide will walk you through how to change your J1 visa to a green card, focusing on SIJS and asylum, which are often overlooked options.
Can a J1 Visa Holder Apply for a Green Card?
Yes, J1 visa holders can apply for a green card, but it depends on their specific situation. For instance, many J1 visa holders are subject to a “two-year home residency requirement,” meaning they must return to their home country for two years before applying for a green card. However, SIJS and asylum are exceptions to this rule, offering alternative paths to permanent residency without needing a J1 waiver.
What is Special Immigrant Juvenile Status (SIJS)?
SIJS is a pathway designed for minors who have been abused, neglected, or abandoned by one or both parents. This allows them to apply for a green card in the U.S. without returning to their home country. If you entered the U.S. on a J1 visa and meet the eligibility requirements for SIJS, you can bypass the two-year home residency requirement and apply for permanent residency.
Eligibility for SIJS:
To qualify for SIJS, you must meet certain requirements:
- Age: You must be under 21 years old.
- Unmarried: You cannot be married.
- Court Involvement: A state juvenile court must have declared that you are a dependent of the court or have placed you under the custody of a guardian.
- Parental Abuse/Neglect: The court must find that reunification with one or both of your parents is not viable due to abuse, abandonment, or neglect.
- Best Interests: It must be determined that it’s not in your best interest to return to your home country.
How to Apply for SIJS:
- File a Petition in State Court: The first step is to get a court order from a juvenile court declaring that you qualify for SIJS.
- File Form I-360 (Petition for Special Immigrant Juvenile Status): After obtaining the court order, you need to submit Form I-360 to U.S. Citizenship and Immigration Services (USCIS).
- File for Adjustment of Status (Form I-485): Once the I-360 is approved, you can apply for a green card by submitting Form I-485, which adjusts your status from J1 visa holder to lawful permanent resident.
Asylum as an Option for J1 Visa Holders
Asylum is another way J1 visa holders can apply for permanent residency in the United States. Asylum is available to individuals who fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group.
Eligibility for Asylum:
To apply for asylum, you must meet the following criteria:
- Persecution or Fear of Persecution: You must demonstrate that you have suffered persecution or have a well-founded fear of future persecution in your home country.
- Membership in a Protected Category: The persecution must be based on one of the five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.
- One-Year Filing Deadline: You must apply for asylum within one year of arriving in the U.S., though there are exceptions for changed circumstances or extraordinary circumstances.
How to Apply for Asylum:
- File Form I-589 (Application for Asylum and for Withholding of Removal): This is the primary form used to apply for asylum in the U.S.
- Provide Evidence of Persecution: You’ll need to provide documentation, including personal statements, evidence of past persecution, and any supporting documents that prove your case.
- Attend an Asylum Interview: After filing your asylum application, you will be scheduled for an interview with a USCIS asylum officer. If granted, you can apply for a green card one year after receiving asylum status.
Comparison Between SIJS and Asylum
Here’s a side-by-side comparison of SIJS and asylum for J1 visa holders considering these two paths for permanent residency:
| Criteria | SIJS | Asylum |
| Age Requirement | Must be under 21 years old | No age requirement |
| Marital Status | Must be unmarried | No marital status requirement |
| Persecution Requirement | Not required, but must show abuse, neglect, or abandonment by parents | Must demonstrate persecution or fear of persecution based on race, religion, nationality, political opinion, or social group |
| Court Involvement | Must have a state juvenile court order declaring abuse, neglect, or abandonment | No court involvement needed to apply |
| Waives Two-Year Home Residency Requirement | Yes, no waiver required | Yes, asylum waives the two-year home residency requirement |
| Application Forms | I-360, I-485 | I-589, I-485 |
| Pathway to Green Card | Can apply for a green card directly after SIJS is approved | Can apply for a green card one year after being granted asylum |
| Processing Time | Typically 6 months to 1 year | Can take several years due to high volume of cases |
Other Ways to Change from J1 Visa to Green Card
Although SIJS and asylum are two strong pathways, other options still exist for J1 visa holders to obtain a green card:
J1 Visa to Green Card Through Marriage
One of the most common ways for J1 visa holders to obtain a green card is through marriage to a U.S. citizen or lawful permanent resident. If you marry a U.S. citizen, you are considered an immediate relative, making you eligible to apply for permanent residence immediately.
Steps for J1 Visa to Green Card Marriage Process
- File Form I-130: This is the Petition for Alien Relative, which must be filed by your U.S. citizen spouse.
- File Form I-485: This is the Application to Register Permanent Residence or Adjust Status, which allows you to adjust your status from J1 to green card.
- Attend an Interview: You and your spouse will be required to attend an interview with U.S. Citizenship and Immigration Services (USCIS).
- Approval: Once approved, you will receive your permanent residence.
Marriage-based green cards can be one of the faster ways to obtain permanent residency, but it’s important to ensure that your marriage is bona fide and not just for immigration purposes.
Employment-Based Green Card
Another way to apply for permanent residence is through an employment-based green card. If you have an employer willing to sponsor you, you can apply for a green card through this route.
There are different categories for employment-based green cards (EB-1, EB-2, EB-3), and you will need to meet certain qualifications to be eligible. Additionally, your employer must file a labor certification, proving that no qualified U.S. worker is available for the position.
Family-Based Green Card
If you have immediate family members who are U.S. citizens or green card holders, you can apply for a family-based permanent residence. This includes being sponsored by a spouse, parent, sibling, or child who is a U.S. citizen or permanent resident.
Family-based green cards are processed based on preference categories, so your wait time may vary depending on your relationship to the U.S. sponsor.
Diversity Visa Lottery
Each year, the U.S. holds a Diversity Visa (DV) Lottery, allowing individuals from certain countries to apply for permanent residence. If you’re from an eligible country and win the lottery, you can apply for permanent residence through this program. The diversity visa lottery is an option for those who do not have employer or family sponsorship.
Final Tips for a Successful Green Card Application
- Hire an Immigration Attorney: The process of changing from a J1 visa to green card can be complicated, particularly if you’re applying through SIJS or asylum. An experienced immigration attorney can guide you through the process and help you avoid common mistakes.
- Prepare Thoroughly: Whether you’re applying for SIJS, asylum, or another type of green card, make sure you gather all necessary documentation and prepare for interviews.
- Be Patient: SIJS and asylum can take longer than other routes, so be prepared for delays.
FAQs
- How long does it take to change from a J1 visa to green card through SIJS?
The process can take anywhere from 6 months to over a year, depending on court proceedings and USCIS processing times.
- What is the difference between SIJS and asylum?
SIJS is for minors who have been abused, neglected, or abandoned by their parents, while asylum is for individuals who fear persecution in their home country based on race, religion, nationality, political opinion, or social group.
- Do I need a J1 waiver to apply for a green card through asylum or SIJS?
No, both SIJS and asylum waive the two-year home residency requirement, allowing you to apply for a green card without the waiver.
- Can I apply for a green card immediately after being granted SIJS or asylum?
If granted SIJS, you can apply for a green card immediately. If granted asylum, you must wait one year before applying for permanent residency.
- What happens if my asylum application is denied?
If your asylum application is denied, you may have the opportunity to appeal the decision or explore other immigration options, depending on your situation. It’s best to consult with an immigration attorney in such cases.
