 ASK VISALAW.COM
By Marc Topoleski, partner in SSHD’s Michigan office. Marc can be reached at mtopoleski@visalaw.com I am wondering what is the best advice for an illegal immigrant who wants to become legal in the US. This person has an employer to support him, but Section 245(i) has not been extended yet. What should he do now?
It depends on how long the person has been in the US illegally. For those that have been unlawfully present in the US for less than 6 months, often the best option is to leave and seek a new legal status with which to enter. For those unlawfully present for over 6 months, and thus subject to bars to reentry, unfortunately the only option generally is to wait for the extension of Section 245(i) or for another even more advantageous immigration program (as is being discussed) to pass
Congress.
I entered the U.S. on a J-1 visa then switched to F-1. Am I now prevented from filing for an H-1B because of my time spent in J-1 status?
The regulations say that you cannot change status directly from J-1 to H-1B, however, there is no prohibition about changing status from F-1 to H-1B, even if you spent time in J-1 status. This being said, if the home residency requirement applies to you because of your time spent in J-1 status, you still would need to seek a waiver before applying for a green card or before leaving the country.
I am a Bulgarian citizen and I would like to apply for the DV-2003 lottery. I am currently engaged, and my fiancé and me plan to get married in spring 2002. If we get married by the time I fortunately get a green card, will he get a green card as well?
Yes, if you win he would get a green card too, as long as you got married before you applied for adjustment of status or consular processing. This is the case because you are a native of a lottery country. A person who is not a native of a lottery cannot later claim the native country of a subsequent spouse who is a native of a lottery country.
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