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Posted on 23 Aug 2010
Q.

J1 Two Years Residency Requirement and Filing of I-130

Hi,
On April, 2007, I was sponsored a J1 visa by my previous company, and then went back to my country on November, 2007. Fast forward to April 2009, I got a job in Japan, so basically I wasn't able to finish my two years residency requirement. Question:
1.) Will it still be legal for my mother, which is a Naturalized American citizen to file a Family based petition for me and my wife even if I haven't finished my 2 years residency requirement? Or do I need to go back to my country to finished my two years residency requirement before she can file the petition?
2.) How long does it take for papers to be processed? I heard it's about 10-20 years before we get a response (for married children),is this true?
3.)Lastly, does my mother need to file separate petitions for me and my wife?

User's Location: Japan
Category: General Immigration
Posted on 23 Aug 2010
A.
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User_thumb_6_Photo_Andrew_Wilson

Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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