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Immigration Q&A - December 13, 2009 Q1: From Visa Waiver to US CitizenshipHi, my girlfriend entered the U.S on a visa waiver program. We plan to get married now and I'm a US citizen. Can she get her citizenship automatically by marring me? Unfortunately, there is nothing automatic involving immigration. While we should be able to assist the both of you, she will not be able to obtain citizenship immediately. You may sponsor her for permanent residence (green card) and after she maintains her residency for three years, she can apply for US citizenship. Q2: Subject or Not Subject to the Two Year Home Residency RequirementMy visa says that I'm subject to the 212(e) rule but I've heard that it's possible that I'm not subject to the 212(e) rule. I need to legal represent ion on this. Please let me know if you can help me. Whether or not you are subject to INA Section 212(E) is determined by your program type, who funded the program, the purpose of the program and your nationality. The indications on your J1 visa and DS-2019 are usually correct but not always. Moreover, those indications are not binding. So if your visa says that you are subject but you feel that you are not, we can help you to obtain a binding legal opinion from the US Department of State to indicate that you are not subject to 212(E). |
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The Messersmith Law Firm, P.C. |
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