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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94771
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Both wife and me got REF to show evidence for maintaining non-immigrant

Resolved Question:

Both wife and me got REF to show evidence for maintaining non-immigrant status after I applied I-485. So they want all old I-94s, or I-797s.

My questions: Wife is on TN visa, but she doesn't have any of her old I-94s (we submitted her latest I-94. She has stamps in her passport and old TN Letters provided by her employer. Will the stamps and TN letters be enough to satisfy this RFE? TN visa holders do not have any I-797.

2nd question, I was on a J-1 visa before I was changed to H1B. When I changed to H1B, I did not requested a wavier (nor did my new employer who was helping me to get the H1B asked for the wavier). Do I assume that in that I was not subjected to 2-year residence requirement? My Certificate for Eligibility for J-1 did not indicate that I was subjected to 2-year residence.

Please advice. Thank you.
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.


How are you applying for Lawful Permanent Residency?

How long have you each been in non-immigrant status?

Do you have a J-1 visa stamp in your passport?
Customer: replied 10 months ago.

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.

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Well, I mean HOW are you applying? You can't just file the I-485. You have to have a basis to apply. What is the basis? And can you check in your passport where the J-1 stamp is and tell me if it says, "subject to 212(e)" or "not subject to 212(e)"?
Customer: replied 10 months ago.

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."

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

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:


http://travel.state.gov/visa/temp/info/info_5502.html

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:

http://travel.state.gov/visa/temp/info/info_1288.html

 

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!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94771
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Did you reply? If you did and you do not see your reply above, it is because we have been having technical difficulties. Please repost your reply and to make sure it went through, you should be able to read it on the thread, not get a mostly blank screen after hitting the reply button. I believe I may be able to help you. Sorry for the inconvenience. Thank you.

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