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Z Visa and J-1 Overstay (Immigration Law)

Thu, 17 May 2007 20:13:00 GMT

The immigration agreement in the news today talks about giving possible, yet expensive, hope to illegals. I am wondering if the Z Visa would help someone who overstayed on a J-1 visa? The individual is married to a US citizen, and has been here for 20+yrs. I'm just curious if the immigration talks would help the J-1 overstay issue since that is through the D.O.S. If you have any ideas or comments, it would be so nice of you to write. Many thanks in advance.

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  • Fri, 18 May 2007 05:19:00 GMT(1)
  • If the individual came to this country legally, on the J-1 visa you mentioned, and simply overstayed. Then this person married a US citizen, they already have an avenue to permanant residency and citizenship.

    Read the following on immigration through a family member.

    http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
  • Fri, 18 May 2007 08:49:00 GMT(2)
  • The theoretical Z visa won't help, as presently formulated - and you can't rely on anything within proposed legislation, as much of what is proposed can be very different from what ends up going into a final bill.

    The person's best present option is to look into whether they qualify for a waiver of the home residency requirement.
  • Fri, 18 May 2007 07:11:00 GMT(3)
  • Thank you for replying. Normally, I think you're right, it wouldn't be a problem to adjust the status. However, this person did not complete the two year home residency requirement. Yes, entered legally, but overstayed, and did not complete two year residency. Any thoughts on this as to whether or not the Z Visa, and new immigration talks would help this person? Many thanks!
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