I-485 in process for J1 Visa holder - Waiver needed?

[samwreckless 1]

Hello everyone,

I came to the U.S. on a J1 visa that has 2 years HRR. Before coming here, I served as a translator for the U.S. military in Iraq and my life was under serious threat because of my service. My boss helped me apply for a Special Immigrant Visa (SIV) and it was approved during my stay in the U.S.

After approval, I was instructed by USCIS to file an I360 which I did and was approved. I was then asked to file an I-485 to change my status from J1 visa to permanent resident. I did so and it is pending. My read from different posts over the internet is that I-485 requires a J1 waiver to be approved, but the instructions on the USCIS website for SIV recipients who are already in the U.S. doesn't specifically mention J1 waiver being necessary. Here is the link: http://www.uscis.gov/green-card/green-card-through-job/green-card-through-special-categories-jobs/green-card-afghan-or-iraqi-translator

I have been given an appointment for biometrics, now can anyone tell me if I should expect a denial of I-485 due to missing J1 Waiver or am I good?

Thanks,
Sam

[milimelo 4,481]

You should be looking at the department of state website for J1 HRR waiver. I know non-SIV people doing AOS from J1 with HRR have to get the waiver first so I'd expect you to get RFEd for that.

[Penguin_ie 5,993]

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