I-485 Change of Status for J1 Visa Holders

[samwreckless 1]

I applied for SIV at the beginning of 2013. I never heard from them until very lately. In the middle of 2013, however, I applied for a Fulbright scholarship and I was granted a J1 visa. I started my program and am through the first quarter of my two years educational journey. Last month, I received an email from the SIV team informing me that my application has been considered and I could file an i-360. I filed the petition and USCIS immediately approved it. I have now received a notification that I need to file an i-485 form to change my status from non-immigrant to immigrant. My question is: what will happen to my educational benefit after the change takes effect? Will Fulbright continue funding my school given that SIV happened later? I am becoming an immigrant because I served for the U.S. government in Iraq and my life is under direct threat, should they act on my scholarship and refute it because I cannot meet the 2 year foreign residency requirement due to the fact that I served for them? Any thoughts?

Edited June 26, 2013 by samwreckless

[Harpa Timsah 13,258]

Your J-1 has a 2-year HRR? If so, you will need a waiver for that before you can proceed. It is a formal process, not something you just ask for.

Your Fulbright may be affected; I know some programs are only for foreign nationals, not citizens or residents of the country. I would ask your Fulbright coordinator or whatever point of contact you have with them (maybe international student advisor at your school).

Your I-360 should not expire, so you could finish your education and then file the I-485. The I-485 allows you to stay legally in the country while it is processing. I would double-check that the I-360 doesn't expire, though.

Good luck.

[samwreckless 1]

Thanks Harpa,

Yes. My J1 has a two year HRR. I would want to wait for my education and file I-485 after, but my family's lives are under direct and serious threat. I moved them to Jerusalem for a while, but I found out that my savings were not enough to keep them there. I may try to apply for a waiver on my HRR. What do you think?

[Harpa Timsah 13,258]

I am confused by your last post. Does this SIV come with derivative categories for your family? Why does your becoming a LPR make a difference to them? Are you planning to petition for them separately?

The waivers I have seen get approved for the most part, but it depends largely upon where the funds for the Fulbright come from.

I would definitely try for a waiver. That needs to be approved before you can even start the I-485 process. There should be some threads here about the "No Objection" or other types of waivers; check out the advanced search tool. Good luck.

[samwreckless 1]

According to USCIS, I have to file an i-485 for myself for now and subsequent to its approval I will need to file an I-824 on behalf of my family to get them here. Thanks for your assistance. I will look into the waiver threads.

[Harpa Timsah 13,258]

Does your family have their own petitions? Are you talking about spouse and children or more extended family? You are doing this, right? http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=97ae4b5bbfb73210VgnVCM100000082ca60aRCRD&vgnextchannel=a695a6c515083210VgnVCM100000082ca60aRCRD

I-824 doesn't make sense in this case, to me, unless they have a derivative category. Maybe you could put the information about that here and have it vetted by people in the forum? I just saw someone else who was confused about this I-824.

Edited June 26, 2013 by Harpa Timsah

[KayDeeCee 4,893]

~ Moved from AOS Family Based to AOS Work, Student & Tourist ~

[samwreckless 1]

I am exactly doing the same thing on the link you shared, but with a difference. I did not come to the States with immigration visa, so I have to file an i-485 to change my status rather than registering for permanent residence. My J1 visa did not allow dependents to accompany me because of some funding issues that have to do with Fulbright. USCIS tells me that my family must file another I-824 so that they can be issued with travelling documents and be able to come to the U.S.

[Harpa Timsah 13,258]

I understand all of that. Now I think by "family" you mean your spouse and children, but initially i thought you meant your parents and siblings and cousins and everyone. "Family" has many definitions

So if you are talking about spouse and children, then you've got it all covered. Best of luck.

[samwreckless 1]

Exactly! Thank you so much Harpa! Now reading the threads about waivers. You are great!!!

[S N 0]

I have the a similar situation. I came through Fulbright and had a J1 visa. I completed my program.

I applied for SIV. I got chief of mission approval. I filed Form I 360. I did it. My form I-360 got conditionally approved by USCIS. But the USCIS has not instructed me to file Form I-485. Instead they have send my approved form I 360 to Department of Sate National Visa Center. The USCIS has told me that I should wait a maximum of 30 days to hear from US Department of State. Can someone help me, should I directly file form I-485. or wait to receive further instructions to do so. My status is not J1 now. I am a pending asylee since I have applied for Asylum too.

Do I have to apply for waiver for two years rule of J1?

[Hypnos 6,576]

Yes, if you have a two year HRR and you have not fulfilled it then you are ineligible to file an I-485 until you receive a waiver.

[S N 0]

Thanks for the information.

[venson 0]

Hello everyone, 

I know this post is very old, but I am in the exact situation. May I ask what did you end up doing?

 

 I came to US on J1 visa (requiring 2 year home residency), I applied for SIV and received an approved i-360. USCIS asked me to apply for i485, when I explained that I was here on a J1 visa (with 2 years home residency), they asked me to first get visa waiver. 

 

Did you have to apply for J1 waiver due to fear of prosecution, or did you directly apply for i485? (was the fees (for J1 2 year HRR) waived, as all other fees for SIV applicants are waived)?

Were you able to apply for work permit i765, while your case was pending? if yes, under what category and was your fees waived? 

 

thank you so much, if you could help me in this regard, I would truly be in your depth. I have contacted many lawyers and USCIS costumer service and no one seems to know as they are not familiar with SIV cases, 

 

[Zmong 1]

On 9/5/2017 at 4:56 PM, venson said:

 I came to US on J1 visa (requiring 2 year home residency), I applied for SIV and received an approved i-360. USCIS asked me to apply for i485, when I explained that I was here on a J1 visa (with 2 years home residency), they asked me to first get visa waiver. 

Afghanistan is exempt from the two years home residency. Search on Google about Fulbright two years home residency requirement. Afghanistan is not listed there.  So no worries about HRR and if your i-360 is approved, apply for change of status, i-485.

 

On 9/5/2017 at 4:56 PM, venson said:

Did you have to apply for J1 waiver due to fear of prosecution, or did you directly apply for i485? (was the fees (for J1 2 year HRR) waived, as all other fees for SIV applicants are waived)?

Were you able to apply for work permit i765, while your case was pending? if yes, under what category and was your fees waived? 

No need to file for J1 waiver and i-485 fee is waived for SIV applicants. 

What is your current status? Still on J1? or did you apply for asylum?