J1 waiver after filing i485

[Zmong 1]

Hi everyone,

 

I came to the US on J1 visa (requiring 2 years home residency) from Afghanistan, I applied for SIV (Special Immigration Visa) and received an approved i-360. USCIS asked me to apply for i485 and I did accordingly. I received letter to biometrics and was told to do the medical examinations, which I did. I did not know about the 2 years home residency until yesterday. My understanding was that Afghanistan is exempt from J1 2 years home residency and now it looks like it is not.

 

Now that I have a pending i485, can I still apply for the 2 years home residency waiver? What should I do? I highly appreciate any advice/help. Thanks

 

[milimelo 4,481]

If it was funded by state department- you need a waiver from them. If Afghanistan funded it you need a waiver from them. 

[tato2017 41]

correct. If your J1 was funded by the government then you need to obtain no objection letter from your embassy or request a waiver from Department of State.

[Zmong 1]

Thank you so much for your quick replies. Waivers are normally filed before filing i485 for status change. My question is can I apply for a waiver while my i485 is already filed and is under process?

[tato2017 41]

I am not really sure. Usually it is the other way around. Most of the time waiver cases goes much faster than AOS so you know you have to file a waiver regardless so i would file it.

[Zmong 1]

Thank you

 

[Zmong 1]

@tato2017

 

I filed J1 Waiver petition and it's still pending. My AOS interview is now scheduled while my J1 waiver is still pending. Any idea what would be the best thing to do in my case? 
- Should I ask for the postponement of my interview? Is that a possibility?

- Should I go to the interview? Will they deny my case on the spot? or they give me some time until I get my Waiver approved? I appreciate your time and help! 

[tato2017 41]

honestly i don`t know what would happen. i believe they need waiver approval before they can adjudicate your case completely.  You can request postponement of the interview, procedure should be on the interview letter. You can certainly could go to interview and explain your case and see how it goes but maybe it is better you consult a lawyer that has more experience with waiver cases.

[geowrian 22,337]

If the waiver isn't approved yet at the time of the interview, you should get an RFE pending the result of the waiver. Hopefully they adjudicate it slightly afterwards so that the timeline to respond to the RFE doesn't expire.

[Zmong 1]

Thanks to both of you!