Encinitas, CA Immigration Law Firms & Lawyers

That will depend to some extend on the specific US consulate you are using. As a general rule, US consulates do not like it when people in J status change status in the US, instead of leaving on time. It is interesting because you are legally allowed to change status, as long as you made that determination after your last entry in J status. Since you have been in the US for 2plus years, you will have a difficult time showing strong ties to your home country and the consulate may feel you have immigrant intent. If you are entering on an H work visa, that will not be an issue. Otherwise, you will probably want to wait a while until you apply for a new entry as a student or visitor, in order to demonstrate those strong home ties.

Your fiance has a number of problems, some of which may be correctable and some of which may not be. The bench warrant needs to be cleared up as soon as possible so as to avoid him being arrested when he returns to the U.S. Once this is done and if he was convicted of the DUI only, he should be alright. What worries me is the drug possession. Depending on the type of drug he was in possession of and whether or not he was convicted of the possession will determine whether or not he is inadmissible from entering the U.S. and/or removable once he arrives.

You are correct. The NVC process is for people outside the US. In your case, you need to do your processing in the US. That process is called Adjustment of Status. You can, as an F-1, adjust status to a Resident in the US.