Waiver FAQs

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Wednesday, March 1, 2017 - 23:20

J-1 Physician applying for following to join after waiver

Question

I am a physician currently in H-1B undergoing 3 years of J-1 waiver program which is set to be completed on July end of this year. My husband got his greencard through E-B2 category (rest of the world) in early 2013 When I was still in J-1. My name was included in I-140 but could not file I-485 due to my J-1 visa. I have been married since 2006 and came to the US initially on H-4 visa before getting residency in J-1 visa. Is there a possibility of filing my I-485 directly without waiting for the long I-130 approval process? Or is there any exceptions for a situation like mine such that spouse happened to be in J1 and could not apply for a change of status at the time primary applicant applied for I-485?

Answer

Watch Video on this FAQ: J-1 Physician applying for following to join after waiver

Video Transcript:

Yes, if you are in the USA in legal status and his priority date through which he got his green card is still current you should be able to file your I-485 directly. More...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Wednesday, December 16, 2015 - 07:22

Immigration implications of crime; petty offense exception; admissions and convictions; 212(d)(3) and other waivers

Question

I am holding a Canadian student visa, now is my second year in Canada. I was issued a B-1/B-2 visa last year. Then I was charged of Theft under $5000 this June, and the charge goes withdrawn-diversion in July. When I went to US Embassy for visa renewal this October, the officer asked my about the charge, and I answered honestly that I did it on purpose and I really regret my behavior. He rejected my class B visa, gave me a pink paper, which says the denial is under Section 214(b), which says that alien doesn't show strong ties with home country. After I carefully searched online resources, I found that my admission of the offence will make me inadmissible to enter US, as a moral turpitude. But the officer didn't say that I need waiver to enter US.
1. So my question is:
does this mean that their denial is not based on the Crime of Moral Turpitude, but I really didn't show strong ties? Or they just don't reject me explicitly with the real reason? I will marry a Canadian citizen next year so it would be a strong tie then. Or do you suggest me to apply for Waiver of Ground of Inadmissibility like I-106 whatsoever?
2. Another question is:
I got an offer of a big well-known US company for summer internship, and I need to apply for J1 Visa. How will the charge affect me J-1 application?

Answer

Video URL

Thursday, May 14, 2009 - 00:56

Waiver of Joint filing requirement

Question

Divorced from my husband and need to file for removal of conditions (status: permanent resident), i.e. to apply for a waiver of the requirement to file a joint petition due to termination of marriage. How do I proceed? What documents do I need to file for removal of conditions based on the situation I am in.

Answer

You will need the waiver as you have said. Read the instructions on Form I-751. What you will be required to prove is that the marriage, when entered into, was in good faith and not to get a green card.