Concurrent filing AOS and J1 Visa Waiver

[snappyg2000 0]

I am a J1 visa holder subjected to the 2year HRR ( although i strongly believe i was subjected erroneously) i have filed for a waiver and it is pending presently. I have also completed my family based AOS package but havent sent it in yet. I will like any advice about concurrent filing of these two i.e if i can send in my AOS package while my visa waiver is still pending.

THANKS

[Harpa Timsah 13,258]

No, you MUST obtain the HRR waiver before submitting AOS.

[snappyg2000 0]

Thanks for the response Harpa, I am confused because according to the adjudicator's field manual Chapter 45.5 (a) Note 2, it states that; A no objection case is the only situation where the alien is allowed to file an adjustment application concurrently with waiver request.

One other question i would like to ask is that can the waiver and the advisory opinion be filed concurrently. My attorney thinks i was subjected wrongly and decided we file the waiver and seek advisory opinion at the same time. The two cases are opened online in different tabs with the same case number, will they process the two at the same time or one before the other because it is a month now since all the documents have been received for both cases and updated online but i havent heard anything since then.

[schultoy 3]

On 2/23/2014 at 4:50 PM, snappyg2000 said:

I am a J1 visa holder subjected to the 2year HRR ( although i strongly believe i was subjected erroneously) i have filed for a waiver and it is pending presently. I have also completed my family based AOS package but havent sent it in yet. I will like any advice about concurrent filing of these two i.e if i can send in my AOS package while my visa waiver is still pending.

THANKS

Hey, I realize you posted this 6 years ago but I'm really curious what you ended up doing! Did you file AoS while the waiver was pending?

I'm also waiting for my J1 waiver to be processed, at the same time preparing to file AoS and scared about overstaying if the waiver doesn't get approved very soon.