Green card application while out of status, and whether I need a waiver for a previously held J-1 visa
I entered the U.S. on a J-1 visa, changed to F-1, and then fell out of status when I couldn’t maintain it, becoming out of status. For various reasons, only my spouse went through the green card process, and they’ve since become a citizen. I’m now planning to apply for a family-based green card through my spouse — I’d like to know if I need to obtain a waiver for my previous J visa’s home-residency requirement.
A J visa waiver is filed to escape the home-residency requirement in order to remain in the U.S. long-term. If you’ve already been out of status, your J visa is effectively moot at this point. Don’t worry about the waiver — you can proceed directly with your green card application. However, be sure to get advice on whether your family filed taxes together, whether you filed jointly with your citizen spouse, and whether any Medicaid usage was appropriate, before proceeding.