Greencard Application Denied, what to do next?

[f f 725]

don't forget that if you got an ead or ap that both are now void. since they are only valid until they make a decision on the i485

[Private One 44]

I tried reading and understanding all previous posts before weighing in so please forgive me if I missed or misunderstood something. I believe the issue here is that your friend came here on a J1 visa. You cannot adjust from that status unless you have an approved waiver. There's a 2 year waiting period. Your friend needed to go back to home country for 2 years before applying for Green Card.

 

Read: https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver.html

 

Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement

Overview
Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, Section 212(e). If you are unable to return to your home country to fulfill the two-year requirement, you must obtain a waiver approved by the Department of Homeland Security prior to changing status in the United States or being issued a visa in certain categories for travel to the United States.

Edited October 1, 2017 by Private One
Edited to cite info and add link

[DeeO 2]

6 minutes ago, Private One said:

I tried reading and understanding all previous posts before weighing in so please forgive me if I missed or misunderstood something. I believe the issue here is that your friend came here on a J1 visa. You cannot adjust from that status unless you have an approved waiver. There's a 2 year waiting period. Your friend needed to go back to home country for 2 years before applying for Green Card.

 

Read: https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver.html

 

Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement

Overview
Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, Section 212(e). If you are unable to return to your home country to fulfill the two-year requirement, you must obtain a waiver approved by the Department of Homeland Security prior to changing status in the United States or being issued a visa in certain categories for travel to the United States.

It does not apply to anyone. For example I came to the States on J1 visa as well, I was an aupair for two years. I went back my home country right after my program was over and got a student visa and came back to the States within a month. If it says "two years rule does not apply" on your J1 visa, you can come back at any time. Even though if it says "two years rule apply" you can apply to remove it. I wish the issue was that but unfortunately her situation is more complicated than that. But, i do appreciate for your respond. 

[DeeO 2]

21 hours ago, f f said:

don't forget that if you got an ead or ap that both are now void. since they are only valid until they make a decision on the i485

I know but she never applied for an ead since she did not need to/want to work. But thanks for the info! 

[Suss&Camm 2,213]

14 minutes ago, Private One said:

I tried reading and understanding all previous posts before weighing in so please forgive me if I missed or misunderstood something. I believe the issue here is that your friend came here on a J1 visa. You cannot adjust from that status unless you have an approved waiver. There's a 2 year waiting period. Your friend needed to go back to home country for 2 years before applying for Green Card.

 

Read: https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver.html

 

Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement

Overview
Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, Section 212(e). If you are unable to return to your home country to fulfill the two-year requirement, you must obtain a waiver approved by the Department of Homeland Security prior to changing status in the United States or being issued a visa in certain categories for travel to the United States.

 

No - the reasons for denial have already been stated over and over.

OP even stated that the denial letter said: 

 

"You indicated on your form I-485 that your last entry to the States was as a nonimmigrant visitor under the visa waiver program and you are not in a lawful nonimmigrant status. Therefore, you are restricted from adjustment of status and do not fall within the exception as an immadiate relative" 

 

[BuiQuang 95]

17 minutes ago, Private One said:

I tried reading and understanding all previous posts before weighing in so please forgive me if I missed or misunderstood something. I believe the issue here is that your friend came here on a J1 visa. You cannot adjust from that status unless you have an approved waiver. There's a 2 year waiting period. Your friend needed to go back to home country for 2 years before applying for Green Card.

 

Read: https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver.html

 

Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement

Overview
Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, Section 212(e). If you are unable to return to your home country to fulfill the two-year requirement, you must obtain a waiver approved by the Department of Homeland Security prior to changing status in the United States or being issued a visa in certain categories for travel to the United States.

ji not the problem.  

 

many already post problem.  wife of green card husband overstay can not file I-485.  only wife of US citizen overstay can file I-485

[Private One 44]

20 minutes ago, DeeO said:

It does not apply to anyone. For example I came to the States on J1 visa as well, I was an aupair for two years. I went back my home country right after my program was over and got a student visa and came back to the States within a month. If it says "two years rule does not apply" on your J1 visa, you can come back at any time. Even though if it says "two years rule apply" you can apply to remove it. I wish the issue was that but unfortunately her situation is more complicated than that. But, i do appreciate for your respond. 

Point taken

 

15 minutes ago, Suss&Camm said:

 

No - the reasons for denial have already been stated over and over.

OP even stated that the denial letter said: 

 

"You indicated on your form I-485 that your last entry to the States was as a nonimmigrant visitor under the visa waiver program and you are not in a lawful nonimmigrant status. Therefore, you are restricted from adjustment of status and do not fall within the exception as an immadiate relative" 

 

I read this but for some reason still thought it was tied to the J1. 

 

12 minutes ago, BuiQuang said:

ji not the problem.  

 

many already post problem.  wife of green card husband overstay can not file I-485.  only wife of US citizen overstay can file I-485

Here's my problem. I read a post a few months ago that involved a J1 visitor not being able to adjust because of the restriction. I formed an opinion about this situation before taking the time to really understand what's going on. 

 

My apologies guys

 

@DeeOGood luck to your friend.