Are you currently on a J1 visa and wondering, “Can you change J1 Visa to Green Card?” Many individuals on temporary visas dream of obtaining permanent residency in the United States, but the process can be complex and confusing.
In this article, we will explore the possibilities and limitations of changing your J1 visa to a Green Card, providing you with the information you need to make informed decisions about your immigration status.
Can You Change J1 Visa To Green Card?
Not every J1 visa holder can easily get a green card. You see, the J1 visa isn’t the kind of visa that lets you aim for permanent residency right away because it doesn’t allow what’s called ‘dual intent.’
But here’s the good news: there are some situations and ways for J1 visa holders to apply for a green card. For instance, if you have a job offer from a U.S. employer who’s willing to support your green card application, that’s a possibility.
Also, if you’ve faced persecution in your home country or have a genuine fear of it, you might be able to apply for asylum or refugee status. And guess what? That can eventually lead to a green card.
Tip: If you’re on a J1 Visa and considering this, it’s a good idea to talk to an immigration attorney or reach out to the U.S. Citizenship and Immigration Services (USCIS).
They can help you figure out if you qualify and guide you on how to make that transition to a green card.
How To Change J1 Visa To Green Card?
First things first, you’ve got to pick a way to qualify for a green card. That could be through a job, getting married to a U.S. citizen or permanent resident, or seeking asylum or refugee status.
Once you’ve figured out your path, the next step is paperwork. You’ll need to fill out the right forms, gather the documents that back up your case, and pay the necessary fees.
I’ve got to be honest, the whole process can be pretty tricky and take up quite a bit of time. That’s why many folks turn to experienced immigration attorneys for help.
Step 1: Determining Your Eligibility
The first step in changing your J-1 visa to a green card is to determine your eligibility. Green cards are typically obtained through employment-based or family-based categories.
If you have a close relative who is a U.S. citizen or green card holder, they may be able to sponsor you.
Step 2: Finding a Sponsor
If you are applying for an employment-based green card, you will need a U.S. employer willing to sponsor you. The employer will initiate the process by filing a petition on your behalf.
Note: This petition serves as a request to hire you permanently and is an essential step in the green card application process.
Step 3: Labor Certification (if applicable)
In some employment-based green card categories, a labor certification may be required.
This process ensures that there are no qualified U.S. workers available for the job you are being sponsored for.
Your employer will need to obtain this certification before filing a petition on your behalf.
Step 4: Filing the Appropriate Immigrant Petition
Once you have a sponsor, whether it is a family member or an employer, they will need to file an immigrant petition on your behalf.
The specific form and category will depend on your situation.
The petition will provide information about you, your sponsor, and your eligibility for a green card.
Step 5: Waiting for Petition Approval
After the petition is filed, it will be reviewed by the United States Citizenship and Immigration Services (USCIS).
If approved, the case will be forwarded to the National Visa Center (NVC).
Based on one of our team member’s experience with the process, this step can take some time, so patience is key during this waiting period.
Step 6: Choosing Adjustment of Status or Consular Processing
If you are currently in the U.S. on a J-1 visa, you have the option to adjust your status to permanent residency while remaining in the country.
This process is done by filing Form I-485, which is the application to adjust status.
If you have already left the U.S., you will need to undergo consular processing at a U.S. embassy or consulate in your home country.
Step 7: Submitting Required Documents and Attending Interviews
Regardless of whether you choose adjustment of status or consular processing, you will need to submit various forms and documents, attend interviews, and undergo medical examinations.
Step 8: Waiting for a Decision
Once you have completed all the necessary steps and submitted all required documentation, USCIS will review your application and conduct background checks.
In my experience, this process can take several months.
If your application is approved, you will be issued a green card, granting you lawful permanent residency in the United States.
Step 9: Maintaining Your J-1 Status
While your green card application is pending, it is important to maintain your J-1 status.
This means complying with the terms and conditions of your J-1 visa and not overstaying your authorized period of stay.
Note: If your J-1 status expires before your green card is approved, you may need to leave the U.S. and go through consular processing.
This, I must say, can be a whole different ordeal so make sure to ensure that your J1 visa expiration date is afar to make the process smooth.
Step 10: TADA! Receiving Your Green Card
Once your green card application is approved, you will receive your green card. This card serves as proof of your lawful permanent residency in the United States.
It is important to keep your green card safe and carry it with you at all times as it is a crucial document for identification purposes.
How To Get The Marriage-Based Green Card For J1 Visa Holders?
If you’re in the U.S. on a J-1 visa as an exchange visitor, and you happen to marry a U.S. citizen or someone with permanent resident status, there’s a chance for you to get a green card. However, there are certain conditions applicable to this.
We have provided a detailed breakdown of the process and requirements involved.
Marriage To A U.S. Citizen Or Permanent Resident
When a J-1 exchange visitor marries a U.S. citizen or permanent resident, they can apply for a green card based on their marriage. It’s like a way to make your stay in the U.S. more permanent.
Some J-1 exchange visitors might have this rule called the ‘two-year home-country residence requirement.‘ It means that after finishing their exchange program, they’re supposed to go back to their home country for two years.
Now, even if you’re married to a U.S. citizen or a permanent resident, it doesn’t automatically mean you’re off the hook from this rule.
Two-Year Residence Requirement Waiver (if applicable):
If you, as a J-1 exchange visitor, and your dependents (if they’re on J-2 visas) have to meet that ‘two-year home-country residence’ rule, you can’t jump right into the green card process. You’ve got to wait for those two years to pass, or you can try to get something called a ‘waiver’ to skip this requirement.
Now, waivers are like permissions that say you don’t have to go back to your home country right away. They can be granted for certain reasons, like facing really tough situations or even persecution.
Tip: It’s super important to talk to an immigration attorney because the rules and steps for getting a waiver can be quite complex.
Starting The Marriage-Based Green Card Process:
Once you’re in the clear, meaning you don’t have to worry about the two-year home-country rule, or if you’ve successfully got a waiver for it, then you can begin the process to get a green card based on your marriage.
Usually, this involves filling out a form called ‘I-130, Petition for Alien Relative,’ and this form is filed by your spouse who is a U.S. citizen or permanent resident.
Conditional Green Card (if applicable):
If you’ve been married for less than two years when you get your green card, you might initially receive what’s called a ‘conditional green card.’
Important to know: This kind of green card is only valid for two years and comes with some extra steps you’ll need to follow to make those conditions go away.
90-Day Rule
It’s crucial to know about something called the ’90-day rule,’ especially if you’re applying for a green card based on marriage within the first 90 days of entering the U.S.
This rule is there to make sure people don’t try to trick the system with fake marriages or visa fraud.
Removing Conditions
If you got that conditional green card, you’ll need to file something called ‘Form I-751’ within 90 days before your card expires.
The deal here is to show that your marriage is the real deal, not just for show. You do this by providing evidence that proves your marriage is genuine.
What Is The 90-Days Rule?
The 90-day rule is like a way for immigration officers to figure out what J-1 visa holders plan to do when they apply for permanent residence within 90 days of entering the U.S. If they apply too soon, it makes the officers wonder if they really intended to go back home for two years, which is what they initially promised.
Now, while some folks have been able to explain things differently and get approval, it’s usually pretty tough to do so.
In my view, to keep it simple, you can just check the most recent arrival date on your I-94 travel record to figure out those 90 days.
What Is The Cost Of Transition From A J1 Visa To A Green Card?
The expenses for switching from a J1 visa to a Green Card can differ a lot based on your situation and the immigration process you’re going through. Generally, you’ll have to pay for things like filling out application forms, getting medical check-ups, providing biometrics (like fingerprints and photos), and hiring an attorney if needed.
On top of that, there might be extra costs, such as travel expenses and translating your documents if they’re not in English.
Here is a guide for you to get an average estimate:
Adjustment Of Status
If you’re thinking about changing your status, either you or your employer will have to cover these fees:
- Form I-140: This is the fee for the Immigrant Petition for Alien Worker. Right now, it costs $700.
- Form I-485: This is the application to get your permanent residency or adjust your status. The cost varies, ranging from $750 to $1,450. How much you pay depends on your age and whether you’re the main applicant or a dependent.
To find out the exact fee, you can check the payment chart on the United States Citizenship and Immigration Services (USCIS) website.
- Mandatory Biometrics: As part of the adjustment process, you’ll have to provide biometric information, like fingerprints and photos. This requires a fee of $85.
Consular Processing
If you decide to go through consular processing, whether you or your employer is handling it, you’ll need to take care of these fees:
- Form I-140: This is the same as in the adjustment of status option, and it costs $700.
- Form DS-260: This form is for getting an immigrant visa and registering as an alien in the U.S. The filing fee for this one is $230.
- Biometrics: Just like when adjusting your status, you’ll have to provide biometric information, which includes fingerprints and photos. This comes with a fee of $85.
- Affidavit of Support: This is a document showing you can financially support yourself in the United States. The fee for filing this form is $88.
Additional Costs
Remember, along with these fees, you might also have to pay attorney fees, and these can vary depending on how complicated your situation is.
In my view, having an immigration attorney by your side can be really helpful during this process, but it does mean an extra cost.
Here’s is a table estimated costs for transition from J1 Visa to Green Card:
| Process | Estimated Costs |
| Adjustment of Status | Varies from $700 to $1,450 + $85 biometrics. |
| Consular Processing | $700 + $230 (Form DS-260) + $85 biometrics + $88 (Affidavit of Support). |
| Additional Costs | Attorney fees, travel expenses, document translations. |
What Is The J1 Visa To Green Card Processing Time?
If you’re thinking about shifting to a nonimmigrant visa like H-1B, there’s this thing called the ‘annual lottery.’ It can make the whole process take a lot longer because you’re competing for a limited number of spots.
Now, if you’re aiming for EB-2 or EB-3 green cards, you’ve got to secure something called a ‘PERM Labor Certification.’ This part involves a 60-day recruitment period, and then you wait for about 6 months for the Department of Labor to give the thumbs up.
Plus, there’s Form I-140, which usually takes another six months. And the final step, Form I-485, to adjust your immigration status also takes around 6 months.
If you submit all these forms at the same time, the whole process typically takes about 6 months, in my experience, plus the 60-day recruitment part for PERM.
Note: If you want to speed things up, there’s an option called ‘consular processing,’ but it means you have to go back to your home country for an interview at a U.S. consulate.
Here’s is a table on J1 Visa to Green Card processing times:
| Processing Stage | Estimated Time |
| PERM Labor Certification | Initial 60-day recruitment period + 6 months for DOL decision. |
| Form I-140 | Approximately 6 months. |
| Form I-485 | Approximately 6 months. |
| Total Processing Time | Roughly 6 months + 60-day PERM recruitment period. |
What Are The Most Common Problem Faced when Transitionaing From J1 Visa To Green Card?
One of the most common hurdles when going from a J1 visa to a green card is this thing called the ‘two-year foreign residence requirement.’ It basically says you need to spend two years back in your home country before you can even think about getting a green card.
Now, this can be a tough one because some folks have put down roots and built their lives and careers in the U.S. during their J1 visa time.
Also, there’s this thing called ‘immigration intent.’ You’ve got to prove that you really, truly want to stay in the United States forever.
From what I’ve heard talking to people who’ve been through it, this can be tricky.
To meet this requirement, you’ve got to show strong family or business connections here or have a clear plan for your future in the country.”
What Are The Different Options To Obtain A Green Card?
There are different ways to get a Green Card. One is through family sponsorship, where a close relative who’s either a U.S. citizen or a Green Card holder can request it for you.
Another route is through employment. If a U.S. employer sees your skills and qualifications as a great fit for their needs, they can sponsor you for a Green Card.
Additionally, there are also options for refugees, people seeking asylum, and even those lucky ones who win the Diversity Visa Lottery.
The options are elaborated on below:
Option 1: File the Immigrant Petition and J-1 Waiver Simultaneously
One way to go about it is to apply for an immigrant petition and a J-1 waiver at the same time. This means you’re sending both forms in together.
The good thing about this is that it saves you a bunch of time and effort. You only need to fill out one set of documents, and that makes things a bit easier.
Option 2: File the J-1 Waiver First and then File the Immigrant Petition
Another way to get your Green Card is to start with the J-1 waiver. Once you get the thumbs-up for your waiver, you can then go ahead and submit your immigrant petition.
Now, the thing with this approach is that you have to be patient. You’ve got to wait for that waiver to be approved before you can move on with your immigrant petition.
But here’s the bright side: it gives you more time to get all your paperwork ready and make sure everything’s in order.
What Is a J-1 Waiver?
A J-1 waiver is like a helpful process for folks with J-1 exchange visitor visas. Normally, these visas make you go back to your home country for two years after your exchange program before you can think about other visas or getting a U.S. Green Card. It’s like a ‘skip-the-two-years’ card. It lets you avoid that requirement, making your path to other visas or a Green Card.
Here are the three main ways to obtain a J-1 waiver:
-
No Objection Statement
If you’re on a J-1 visa and want to go for permanent residency in the U.S., you can ask your home country’s embassy or consulate here for something called a ‘No Objection Statement.’ This paper says your home country is cool with you trying to get a Green Card.
Note: This option might not be on the table if you’re here on a J-1 visa for medical education and training.
-
Exceptional Hardship
If you can demonstrate that your departure from the U.S. for two years would cause significant hardship to your spouse or children who are U.S. green card holders or citizens, you may be eligible for a J-1 waiver based on exceptional hardship.
-
Persecution
If you can prove that going back to your home country would put you in real danger because of your political beliefs, religion, or race, there’s a chance you can get a J-1 waiver due to persecution.
Now, for those of you in the medical field, there’s a different path. You can get help from your State Public Health Department to score a waiver.
How? Well, in my experience, the best bet is to agree to work in an area that really needs healthcare pros, like underserved places or spots with a shortage of medical staff. That can put you in good standing with the department.
Here’s a table on J-1 Waiver eligibility criteria:
| J-1 Waiver Basis | Eligibility |
| No Objection Statement | Request from home country’s embassy or consulate. |
| Exceptional Hardship | Demonstrate hardship to U.S. citizen or green card holder family members. |
| Persecution | Prove persecution risk based on political, religious, or racial factors. |
| Medical Field | Seek support from State Public Health Department. |
Option 3: File the Immigrant Petition First and then File the J-1 Waiver
Another way to go about it is to kick things off by filing your immigrant petition first. Once that’s approved, you can then send in your J-1 waiver.
In my opinion, this approach can be pretty handy. It gives you more time and room to get all your paperwork ready and make sure everything’s good to go before you send in your waiver.
Here’s a table with different options you can choose:
| Transition Option | Description |
| Option 1: Simultaneous Filing | File immigrant petition and J-1 waiver together. |
| Option 2: J-1 Waiver First | File J-1 waiver before immigrant petition. |
| Option 3: Immigrant Petition First | File immigrant petition before J-1 waiver. |
Conclusion
In conclusion, changing a J-1 visa to a green card is possible, but it involves a complex and multi-step process. Eligibility, timing, and the specific visa category play crucial roles.
Overcoming challenges like the two-year home-country residency requirement and securing employment sponsorship can be difficult.
Staying informed about changing immigration policies is essential. Seek legal guidance and plan carefully for a smoother transition.
It’s a journey that requires patience, diligence, and compliance with U.S. immigration laws.