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J1 Cancelled While In The Us

Discussion in 'General nonimmigrant visa issues' started by Yang, Aug 9, 2017.

  1. Yang

    Yang New Member

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    I gave up my OPT status after being in the USA as a PhD student for 5 years and post-doc for 1 year, because I need a J1 visa for another post-doc. I got this J1(subjected to 212e) and reentered the USA, but the job got rescinded and the visa also got revoked before the DS2019 start date. The question is, I am currently in the US with a revoked visa and my husband is a USA citizen, can I apply for the green card by filling I130 and I485 together without applying for a J1 wavier?
     
  2. s_gan

    s_gan Super Moderator

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    J1 Waiver is to be filed to get exempted from the 2 year physical presence in your home country since you entered the US on a J1 visa. If you have not stayed for more than 180 days on your revoked visa you are not legally inadmissible , but if you have overstayed for more than 180 days then it gets a bit complicated.
    -Layman Not a Lawyer
     

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