Clute, TX Immigration Law Firms & Lawyers

I-130 will not be affected if you leave the US, either on your own orare deported. An approved I-130 cannot do you any good unless you can either adjust your status in the US to permanent resident or, if you are outside of the US, receive immigrant visa from American Consulate. If you have unlawful presence in the US for more than 6 months and then left the US, you are subject to the 3 year bar; if more than 1 year unlawful presence, you will be subject to the 10 year bar once you leave the US. Again, it does not matter if you leave on your own or are deported. if you are subject to the bar, you mat apply for waiver. However, waiver is very difficult to get so please consult with immigration lawyer for advise.

When she gets her permanent residence, then she can sponsor you. You will need to maintain an underlying nonimmigrant status until the application is approved.

If a J-1 holder obtains a waiver of the two-year foreign residence requirement through application at the Department of State waiver review office, there is nothing that a J-1 sponsor can do legally to force the J-1 holder to go back at the end of the program. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.