Waiver for J1 visa holder

[Emme Elle 0]

Hello, I am J1 visa holder with my J2s (daughter 19, son 10, husband). 

I was approved po for EB-2 NIW before our first year anniversary here in the US. This is my 2nd year as a teacher. 

Since I have a green card approval, I am interested to adjust our family status. However, I need to comply my 2-year home residency or get a waiver for me to adjust our status. 

Since this is only my 2nd year, I don't think that it's appropriate to apply for a waiver at this time for me to adjust our status. May I know your thoughts on this? 

My daughter will turn 20 this year and 21 in year 2025. 

Does anybody here can give me guidelines on how my daughter can adjust her status before she reach 21? 

Thank you I advance for your advices.

 

Emme Elle

Edited August 12 by Emme Elle
Type error

[Boiler 45,445]

1. If you have been approved for EB2 you would be LPRs
2. I have not come across a Teacher using NIW.
3. Your Green Cards have been approved, so you are waiting for their issuance?
4. I have not come across a teacher subject to 2yr HRR
5. Why are you subject to HRR?
6. You mention AOS so you do not have a GC?

Obviously these things do not add up, your Lawyer should be able to give you guidance.

 

[sarahjourney 5]

It sounds like you're in a tricky situation. Since your daughter is approaching 21, timing is crucial. I'd recommend consulting with an immigration attorney who can guide you on the waiver process and how to prioritize your daughter's status adjustment. They can help you navigate the specifics and make sure you're on the right track. Good luck!

[appleblossom 2,445]

When you say 'approved for EB-2 NIW', do you mean just the I-140 was approved? What's your Priority Date? 

[Emme Elle 0]

3 hours ago, appleblossom said:

When you say 'approved for EB-2 NIW', do you mean just the I-140 was approved? What's your Priority Date? 

Yes po, I-140 was approved. June 2024 po priority date ko. 

[appleblossom 2,445]

9 hours ago, Emme Elle said:

Yes po, I-140 was approved. June 2024 po priority date ko. 

Sorry, not sure what ‘po’ or ‘ko’ stand for? But if your PD is June 2024, then you can’t adjust status yet anyway as your PD isn’t current.  So you may well be able to apply for your waiver before being able to apply to adjust status. 

Unfortunately your daughter may age out by the time your PD is current but all you can do is keep an eye on the VB and submit as soon as possible. 
 

Good luck.