J-1 Waiver and Green Card Success
Description
The intending immigrant entered on a J-1 visa and was subject to the 2-year home residency requirement. They then filed for asylum, and it was still pending. They are now married to a U.S. citizen, and wanted to obtain a green card that way. But not only did they overstay their visa, but they also needed to get the 2-year home residency requirement waived or satisfy the requirement before being able to obtain the green card.
Strategy
File a J-1 waiver based on persecution, and once approved, then proceed with filing the I-130 and I-485 concurrently.
Challenges
It had been a long time since the intending immigrant had been in their home country. So USCIS sent a request for additional evidence, asking for proof that they currently fear persecution if they return.
Outcome
Their 2-year home residency requirement has been waived. Once we received the recommendation of approval from the Department of State, we filed the I-130 and I-485 concurrently, and they have been approved for their green card.
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