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F.A.Q.
I’m a J visa holder and am subject to Home Residency (212e). Can I still apply for my Green Card?
The short answer is NO. You are not eligible to apply for Green Card if you are subject to Home Residency. You either have to return to your home country or receive a waiver prior to applying for your Green Card. You, however, may have an employment-based or family-based petition filed on your behalf, but you cannot apply for Adjustment of Status (GC) until you resolve your home residency issue. We strongly advise that you consult with an experienced attorney before taking any actions.
I’m a Green Card holder. May I apply for my parents’ Green Card as well?
No, only U.S. citizens can petition for their parents for their permanent residency.
I’m on J visa, but I’m not sure whether I am subject to 212 (e) or not. How can I know for certain?
If there is a discrepancy between your visa sticker and your Form DS-2019, you have to submit an advisory opinion letter to the Department of State. Although the process may seem simple, we highly recommend that you consult with an attorney prior to taking any actions.
My friend is an Iranian woman who has been living in Istanbul for six years as an English teacher. Turkey will not extend her residency visa and she is set to be deported back to Iran this summer. Would she qualify for Humanitarian Parole here if I sponsor her? Is there anything that I can do to help her stay out of Iran?
Humanitarian Parole is granted only if you have an urgent humanitarian need or a compelling emergency reason. Mere fact that a third country will not grant any status to the applicant, or the applicant does not wish to return to his/her home country is not sufficient for obtaining such immigration benefit.