Which visas cause problems for marriage-based green card applications?
Certain types of visas do not allow you to apply for a green card from the United States or do not allow you to apply for a green card in the United States without a waiver.
If you have entered the US on the following visas, you cannot apply for a green card from the United States unless you are eligible for a “246i” waiver:
- C/D crew visa
- K fiancé visa
- S visa
- Transit entry (no visa)
If you entered the US on an “ESTA” or tourist visa waiver program, you cannot apply for a green card from the US unless you are a qualified “immediate relative” (such as a spouse of a US citizen) or you are eligible for a “245i” waiver
If you entered the US (this entry or any entry) on J-visa with the two-year home residency and you have NOT resided in your home country for two years since you last left the US, you are not eligible to get a green card from in the US or from an embassy unless you are eligible for a waiver. Depending in the basis of your waiver, you may be able to file for the waiver and the green card at the same time, which saves over waiting for the approval of the waiver to submit your green card application.
If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well. Call (617-766-0214) or email hello@cambridgeimmigrationlaw.com to get in touch.
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