Can I file AOS with pending J-1 Waiver at USCIS?

[Harpa Timsah 13,258]

Good job. I do have one question though. Is there any chance to be denied with the No Objection statement? It is described there as merely a request.

[icefresh 1]

Good job. I do have one question though. Is there any chance to be denied with the No Objection statement? It is described there as merely a request.

What the Department of State told me is that No Objection requests are determined by them first, they issue a recommendation and forward it to USCIS. USCIS will follow the decision in 99% of the cases. If the Department of State would have made an unfavorable recommendation, then they wouldn't even have forwarded it to USCIS. The final determination is generally made by USCIS. But this is a no objection case, it's not like a hardship or persecution base which will be filed by USCIS (directly via I-612).

In the adjudicator's book it says:

(b) Adjudication .

Upon receipt of the “no objection” letter and the Waiver Review Division recommendation, review the case to ensure that documentation is in order and that the waiver is appropriate for the alien’s circumstances (i.e., ensure that the alien did not come to the U.S. as an exchange visitor, or later acquire such status, in order to receive graduate medical training or education). If so, you may grant the waiver.

So I guess they just review that everything is correct?

[amykathleen2005 441]

But if you file for AOS and are denied while you are out on AP your AP is then invalid and you can't return.

[evoamac 0]

ok, I was J-2, we didn't want to risk the fact that J waiver could come after the i485 interview, we filed i-130 first, J2 waiver second, and finally I-485. and my interview is coming up on Sep 6, filed end of May.

[snappyg2000 0]

Hello, I have completed my adjustment of status package but havent sent them in. I am a J1 visa holder and i have applied for a waiver. I am waiting for the decision of the waiver. I will like to know how yours played out. Thanks

[Pitaya 2,577]

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