If I am on a J1 and my husband is on J2, can I apply for a green card with the help of my employer?

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If I am on a J1 and my husband is on J2, can I apply for a green card with the help of my employer?

If yes, would I have to return to my home country, since the 212 rule applies?

Asked on April 22, 2012 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you can have your employer petition you for an employment-based green card.  It will cover you and your husband once it is approved.  HOwever, if you and your husband are both subject to the 2 year home residency requirement, you will BOTH have to eitehr fulfill it or get a waiver thereof.  You will not be able to adjust status or get an immigrant visa until that has been done.


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