J1 student married to US citizen

[Paligirl 0]

I am from Palestine/ West Bank.I was a Fulbright student in the US with a J1 visa that requires home residency for two years. I finished my studies in May 2022 and went back to Palestine. I got married on July 15th 2023 and my husband is an American citizen. I am currently in the US on an ESTA visa because I have dual citizenship but I need to exit after 90 days ( i have 22 days left). I am currently 23 weeks pregnant and I I would like to stay in the US to give birth specially that the situation in my home country is bad and dangerous because of the war. I have applied for a no objection waiver that is still pending since September 28th. We don’t know what to do and I think it’s dangerous for me and the baby to go back home. Any help or any idea?

[milimelo 4,508]

It seems you've completed at least a year of home residency. Has your husband filed an I-130 for you? Problem with HRR is you can't adjust from ESTA without the HRR waiver in place. 

I'd have the husband reach out to his congressional/senate rep to ask State Department about the status of waiver (like today). If not done yet, you may have to go to your ESTA home country and wait out the process there as it seems that you're not willing to go back to West Bank. If waiver approved, AOS. 

[Paligirl 0]

7 minutes ago, milimelo said:

It seems you've completed at least a year of home residency. Has your husband filed an I-130 for you? Problem with HRR is you can't adjust from ESTA without the HRR waiver in place. 

I'd have the husband reach out to his congressional/senate rep to ask State Department about the status of waiver (like today). If not done yet, you may have to go to your ESTA home country and wait out the process there as it seems that you're not willing to go back to West Bank. If waiver approved, AOS. 

My husband hasn’t filed the I-130 because as far as we know, the application would be denied because i need to get a waiver or complete the 2 years. We reached out to the congressman but it wasn’t helpful. 

[milimelo 4,508]

12 minutes ago, Paligirl said:

My husband hasn’t filed the I-130 because as far as we know, the application would be denied because i need to get a waiver or complete the 2 years. We reached out to the congressman but it wasn’t helpful. 

There's also the senator's immigration aide route - he should explore that too. 

[Family 4,065]

2 hours ago, Paligirl said:

My husband hasn’t filed the I-130 because as far as we know, the application would be denied because i need to get a waiver or complete the 2 years. We reached out to the congressman but it wasn’t helpful. 

File the I-130 ( online to generate instant receipt/case number) and a paper I-601 waiver now , include copy of I-130 filing. 
I-130 will not be denied and gives you the opportunity to apply for hardship waiver. 
Try requesting expedite at filing for both ..carefully review expedite criteria and hardship y to Petitioner ) . 
 

Likely first expedite request will not be granted , but you can call in expedite requests again ( if you meet criteria and or change in circumstances). 
It took a fellow VJ poster 6 expedite denials but he got the 7th approved. 
 

I would feel better filing the I-130 /I-601 and I-485 together now ..and if you can afford the filing fee ..file ALL three. 
Do not file I-131 and stay put . 

 

My heartfelt sympathy for the pain of war , praying for a sane and speedy resolution. ..an impossible task w Hamas in the picture .