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In order to obtain a Green Card, you first need to file an immigrant petition and then either apply for an Adjustment of Status (if you are living in the U. S.), or an Immigrant Visa (if you are living in a foreign country).

You may file an immigrant petition at any time, even if you are subject to the two-year Foreign Residency Requirement. Once approval of your immigrant petition is obtained, you will need to satisfy the two-year Foreign Residency Requirement before you are eligible to adjust your status or apply for an immigrant visa. You may satisfy the Foreign Residency Requirement by either obtaining a waiver or residing in your home country for two (2) years. If you obtain a waiver, you may adjust your status without leaving the U.S.

A J-1 holder has the following three (3) options to obtain a Green Card:

• File the immigrant petition and the J-1 waiver at the same time; or
• File the J-1 waiver first and then file immigrant petition after J-1 waiver is approved; or
• File the immigrant petition first and then file J-1 waiver after immigrant petition granted.

Example:
Jenny is a J-1 holder. Jenny simultaneously files an immigrant petition and applies for a waiver of the two-year residency requirement. If her immigrant petition and waiver application are both granted, she may change her status without leaving the U. S.

If her immigrant petition is granted but her waiver application is denied, she needs to return to her home country and reside there for two (2) years. After two years, she is eligible to apply for an immigrant visa to enter the U. S.

The procedures for an immigrant petition and a J-1 waiver are complicated. We recommend that you seek the advice of an experienced immigration attorney.

For more information about J-1 visa, please refer to the following links:

• Description
• Work for Non-Sponsor Employer
• Duration
• J-1 Status Extension
• Benefits
• Foreign Residency Requirement
• Procedure to Get a J-1 Visa
• J-1 Waiver
• No Objection Waiver
• Independent Government Agency (IGA) Waiver
• Independent Government Agency Waiver for Physicians
• IGA Listing
• Exceptional Hardship Waiver
• Fear of Persecution Waiver
• State Health Agency Waiver (For Physicians only)
• State Health Agency Listing
• Green Card
• Services that We Provide
• Frequently Asked Questions about J-1/J-2 Visa
• Frequently Asked Questions about J-1 two-year rule
• Frequently Asked Questions about J-1 Waiver
• Attorney's Fees
• Articles & News on J-1