Duncanville, TX Immigration Law Firms & Lawyers

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.

If your son was in the U.S. illegally for over a year he will need a waiver to return. That is based on whether you would suffer extreme hardship in his absence. Otherwise he must wait for 10 years.

If you have physically met in the past 2 years, he would be eligible for the K-1 fiance visa. No significant difference in the K-1 versus the K-3 visa. ou.