J1 aos

[lexis300]

So my cousin is on a J1 visa which expired already. He is married to a US citizen. Question is, can he file for AOS since he is married to a US citizen?
What implications will he see if he files for AOS?
Your help is greatly appreciated!

 

[kittenKat]

He doesn't have 2 year rule on his J1, right? If he does he probably has to file waiver first (I'm not sure USC spouse are excluded by default).

 

[swtblcn23]

Yes he can file AOS for you cousin as soon as possible. When was your cousin out of status? Is your cousin subject to HRR? if yes, did your cousin apply for a waiver? There are no implication if your cousin has been out of status for less than a year.

 

[LucyMO]

DOS usually doesn't issue HRR waivers to people out of status. They requested that I provide proof of my legal status for all of 9 years I had spent in the US prior to applying for the waiver.