Immigration Law Questions? Ask an Immigration Lawyer.
Yes, I applied for lawful permanent residence (Form I-485). I have been in non-immigrant status for 7 years. My wife 5 years. I have a J-1 stamp in my passport.
I applied for employment based (EB1A) category. after I get the I-140 approval, then I file I-485.
J-1 stamp did not say anything other than just "J-1 with school XYZ."
Well, if neither the visa stamp nor the certificate of eligibility say that you are subject to 212(e), then it is a good bet that you are not. The only way to make sure is to request an advisory opinion which could take a few months. Here is a link:
If it turns out that you are subject to 212(e), then you will need to request a waiver. Here is a link to that:
As to the other things that they are asking, send in the copies of the stamps in her passport and employer letters, the same for you, copies of income taxes so that they can see that you have filed every year and that you have been working every year maintaining legal status, and anything else that you can think of like old paycheck stubs, new paycheck stubs, copies of bank statements, old ones, new ones, etc. For bank statements, you don’t have to send every month, but maybe every 3 months or so in order to show consistency.
Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!
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).