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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?
Optional Information: State/Country relating to question: Connecticut Already Tried: 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??
Judith
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.
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