Frequently Asked Questions On Immigration
LIFE and J-1
Q.
Does the Legal Immigration Family Equity Act (LIFE) help J-1 visa holders such as myself?
A company wants to sponsor me for permanent residence Because I have a J-1 visa, I can't
get residence unless I return home for two years, unless the INS grants me a walver. I
came here at my own expense, getting no financial support from either the U.S government
or my home government. If my country has no objection to my not returning, can I get a
waiver of the home-residence requirement?
A. To get permanent residence, you'll need to get your two-year home
residence requirement waived. Nothing in LIFE eliminates this requirement. LIFE makes the
green card processing easier for some applicants, but doesn't change the basic
requirements for residence.
J-1 exchange visitors am subject to the two-year home residence requirement if they
received money from the U.S. government or their home government or if they are on a
"skills list" from their country. Most J-1 doctors are also subject to the
requirement. Unless you are a doctor, you are subject to the requirement only because your
skill is on the list. If that's the case, the INS will grant you a waiver if your
government sends a letter to the U.S. Department of State stating that it has no objection
to your not fulfilling the requirement
(By Alan Wernick)
 
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