Cape Vincent, NY Immigration Law Firms & Lawyers

If your friend’s J-1 is not subject to a two-year home residence requirement, she can seek a change of status to nonimmigrant categories other than H and L in the US. Attempting to switch to tourist or student visa could run into questions about whether she actually intends to leave the US following the expiration of those statuses. A possible problem is that if the U visa application is approved and then a nonimmigrant status is approved, the later approved application will be the one that is valid. Although we are not that familiar with U visas, we understand that U visa applicants are usually allowed to remain in the US under deferred action or parole during the pendency of the application. Other than these observations, I suggest that your friend attempt to keep closer communication with her legal team on her options after the filing of the U visa application. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

After 5 years, you are eligible to apply for citizenship. You must pass the citizenship exam and be able to show good moral conduct, meaning no criminal convictions during the previous 5 years from the date your citizen application is filed.