Posted 19 February 2013 - 08:27 AM
Typically, a J-2 nonimmigrant is not permitted to change status, apply for an H or L visa, or apply for immigrant visa/adjustment of status until the J-1 nonimmigrant's home residency requirement waiver is approved or the J-2 fulfills the home residency requirement. It is not typically possible to apply for a change of status in anticipation of a waiver approval. Also, current USCIS adjudication trends reflect that a former J-2, even after approval of the principal J-1's waiver of the home residency requirement to provide clinical medical services in a federally designated underserved area, is not permitted to change status to any status other than a H-4. It may be helpful to schedule a consultation with a qualified immigration attorney to discuss this matter in greater personalized detail.