2 Year foreign residency requirement

M

mcs

New Member
Hi!

I came to USA in february 1995(about 8 years ago). I had a J-1 visa which expired on July 1998. I overstayed the visa. In the mean time I got married to a US citizen. In 2001, I applied for 245(i). INS approved my application. So, all I have to do now is adjust my status. But my problem is the 2 year foreign residency requirement. I tried to get a letter of no objection from my country. Since I haven't done the mandatory army duty, they won't give me the letter. In May 2002, I applied to INS for the waiver of the 2 year foreign residency requirement based on exceptional hardship to my wife. My wife's only living relative is her mom who has serious medical conditions. At the time I send I-612 application we were pregnant for our first baby, too.

Now I'd like to know what would happen to me if INS declines my I-612 application. If I cannot get the waiver from INS, there is no way I can get it from my own government. Since I was approved for 245(i), is my status here legal now without work permission? What can I do to get at least temporary work permission? My country is not in terrorist watch list countries. What should I do if later my country is added to the list and I would have to register with INS.? I would appreciate if anyone can show me a way out of my endless problem. Thanks.....
 
Hi!

Thank you for your reply. The approval I received from INS lets me adjust my status regardless how long I stayed in
US illegally. Without this aproval I would be subject to 3/10 years ban from applying for a visa or adjustment of status. I know it's connected to I-485. Normally I should have filed for I-485 directly. Since I was illegal more than two months I wasn't able to do that.
Main idea of 245(i) is to remove certain restrictions of eligibility for adjustment of status. I was able to apply and get an aproval for it without filing for I-485 at the same time. So being in US illegaly won't effect my future I-485 application. Now, to be able to file I-485 I need to get a visa waiver from my 2 years foreign residency requirement. I am trying to do that now.
 
Thanks again for your reply.

I filed I-130, petition for alien relative. I have no doubt about your knowledge on regulation 245(i). However, before 245(i) was temporarily activated between December 2000 and April 30, 2001, I wasn't able to file I-130 and I-485. I wanted to do that but I was advised not to do it by two different lawyers.
 
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