Roslyn, NY Immigration Law Firms & Lawyers

You should be able to file the I-765 without paying an additional fee, but you need to make sure to include copies of the receipt notice for the I-485. The instructions for both forms advise where to file the I-765.

Many people in your situation have applied for visitors visas and had them approved even when an immigrant visa petition has been approved where the availability date is far away. The decision on a visitor's visa will be in the discretion of the consular officer. Applicants should be clear on the visitor visa application form that they do indeed have an immigrant visa petition approved. Failure to so indicate would constitute misrepresentation.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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.  

The first question is whether you are subject to a two-year home residence requirement by virtue of your having taken an exchange visitor visa. If you are, you would not be able to immigrate unless the two-year requirement is completed or waived. If you are not subject, US immigration laws allow immigration generally through family or employment-based petitions, immigrant investment, or political asylum, etc. As a J-1 holder, your opportunities may also depend upon the type of J category to which you belong. If you are a research scholar, you may be able to interest an institution to sponsor you for an employment visa and ultimately permanent residence. If you are extremely good in your field, the process may be quicker. As your question is very short as to your particulars, you may wish to consult an experienced immigration lawyer so that he or she can go over your various options.