If my husband came to the US 4 years ago with a J-1 visa and has an asylum case in process, sine we recently got married, should he file for a waiver for the 2 year home residency?

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If my husband came to the US 4 years ago with a J-1 visa and has an asylum case in process, sine we recently got married, should he file for a waiver for the 2 year home residency?

I’m a US citizen.

Asked on April 15, 2013 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If he is subject to the 2 year home residency requirement as part of his J-1 visa (not all J-1 holders are but you need to verify whether he is) he will not be able to get permanent residence in the US or an immigrant visa abroad until those conditions have either been satisfied or he has received a waiver thereof.  This is regardless of what basis he uses to apply for permanent residence, whether it is on the basis of marriage to a US citizen or asylum.


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