Immigration Site

My status is very complicated, and I feel like I am at the end of the road. I was J1 with 2-year HRR when I first entered into the States. Then I became F1 to finish up my PH.D at the university. Years later I worked as a Postdoctoral Research Professor some years with H1B (during that time I applied for GC but no approval or denial, simply due to the lawyer I hired (known from the web) didnt finish the case before he was disbarred). As of today, I have been over staying for a few months. My son turns 21 years old this month, and he became citizen months ago (my ex-husband married a U.S. citizen). I am going to apply for GC as a parent of a U.S. citizen. Will the J1 2-year HRR still be active? I am not sure if I will be able to succeed. If not, will I be deported? What should I do? Thank you in advance for your response!

The 2 year HRR remains active for life, until you either spend the 2 years in your country or get it waived.

during that time I applied for GC but no approval or denial ... You applied on what basis? Employment? Did you file I-485? If yes, they should have denied the I-485 because of your unfulfilled HRR. They might have denied it and you just dont know about the denial.

Thank you for your quick reponse. Yes, I filed the I-485 and based on Employment and Extraordinary Ability. Does that mean even if I apply for Family Based GC now, I will most likely not be approved due to my previous J1 status of 2-year HRR? Will that be the same result if I marry someone who is U.S. citizen?

Even if you marry a US citizen, they will deny your GC application if you dont complete the 2 years or get it waived.

However, maybe your 2 year HRR has already been waived. They shouldnt have allowed you to switch to H1B if your 2 year HRR was active. Perhaps your employer filed the waiver papers when they sponsored your H1B.