Spousal Green Card Approval for Indian National in J-1 Status

We recently received an approval for adjustment of status through marriage for an Indian national who was in J-1 status. Congratulations to our client!

Our client had entered the United States through a J-1 program that was subject to the two-year home residency requirement. However, the Exchange Visitor Skills List was updated on 12/09/2024 and removed India from this list, thereby making our client no longer subject to the residency requirement under Section 212(e). We provided the USCIS with an advisory opinion from the Waiver Review Division of the Department of State which determined our client was not subject to 212(e) and an explanation of the changes that occurred on 12/09/2024 which changed our client’s eligibility to adjust status in the United States without having to leave for two years.

I have been representing binational couples for over a decade navigate the changing landscape of the United States immigration laws. Feel free to set up a consultation by emailing me at amir@rasoulpourlaw.com.