I came to the U.S. from Russia in 1996-1997 as a J1 Visa exchange student. I later received an F1 student visa back in Russia for 1997-99. I have been transferred to H1B 1999-2002 and for 2002-2005. I had H1B status until recently while my Green Card application was pending. I did not comply with the 2 year home residence requirement as per my J1 and hence was denied a waiver, following 2 appeals. An action of removal has been initiated against me. I have notice to appear on June 22. I am a single mom with a 5 year old son born in the U.S. in 2006. Are there any legal grounds for me pursue legal/Permanent Residency without leaving the country for 2 years?
State/Country relating to question: Connecticut
nothing relating to the removal action.
Hello, welcome to JustAnswer, my name isXXXXX you for this opportunity to answer your questions.
I'm not clear on what you say "hence your waiver was denied". That is what you had to apply for - a waiver, it isn't denied because of the requirement, you are asking to waive the requirement.
So I am confused what you applied for and then appealed??
i applied to waive the requirment in 2007 based on political/economical hardships, and risks to my young son.
After 2 appeals you did not meet the burden to prove extreme hardship.
You would have to meet an even higher burden of proof for cancellation of removal so that is your only option left. I doubt the judge would find for you since they will have access to the record and see that your appeals were denied.
If I answered your question and you agree with the below, please click ACCEPT & leave positive feedback.
I am happy to answer follow-up questions for you at no additional cost.
If you want to request me in the future start your question "FOR JUDITH" and I will answer quickly.
The information provided is general in nature and should not be construed as legal advice or to create an attorney-client relationship. The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice. By accepting you agree you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.
33 yrs attorney on all nonimmigrant & immigrant visas
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).