Asylum After J-1 Waiver?

V

Vixen

New Member
Hello,
This is my first post in the forum. I have a question regarding the Asylum application.
I am on J-1 Visa in the US and in May 2013 I have obtained 2 year home residency requirement waiver from USCIS based on "No Objection" statement from my country. So my question is, can I still apply for Asylum if I have been to US less for one year?
Let me thank you in advance for your time and help.
 
Yes you can. If you are granted you need to provide your waiver with I-485 when you apply to be permanent resident. Some sources say if you are granted for asylum 2 year residency rule gets revoked. Either way it does not prevent you to get your permanent residency if you are granted for asylum.
 
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If you have been in the States for less than a year, there is nothing that prevents you from applying for asylum. The only thing that you will need to overcome is explaining why you fear going back to your country when its government cooperated with your request and provided you with the no objection letter.

If it's been more than one year, you need a change of circumstances or an exceptional hardship to apply.

As for the 212(e) physical presence requirement, it shouldn't be a concern to you, because:
- You have it waived
- Even if you didn't, you can still apply and it shouldn't affect your eligibility for an LPR status per § 1209.2 Adjustment of status of alien granted asylum of Title 8 of FCR, which reads as follows:
"An applicant for adjustment who has had the status of an exchange alien nonimmigrant under section 101(a)(15)(J) of the Act, and who is subject to the foreign resident requirement of section 212(e) of the Act, shall be eligible for adjustment without regard to the foreign residence requirement."

Disclaimer: I am not a lawyer and above is only my opinion.
 
Asylum After J-1 Waiver: thank you for your reply

I would like to thank this forum and especially you both, fatihk34 and seanmat for your reply and the valuable information you have provided. I really appreciate it.
 
Hey Guys,
My question is a bit more complicated. The very first application of your comments that my spouse can apply for adjustment of status as she completes a year with asylum status. She also had J-2 as derivative from my J-1. That is fine part. The complicated part is that; I applied to be a derivative asylum (filed I-730) and still waiting for any response (interview or decision). In the meantime can/should I apply adjustment of status (filing I-485) with her which the J-1 visa might be a problem since I was not granted asylum or wait until the result of my I-730.
Thans in advance

oakkas
 
seanmat said:
If you have been in the States for less than a year, there is nothing that prevents you from applying for asylum. The only thing that you will need to overcome is explaining why you fear going back to your country when its government cooperated with your request and provided you with the no objection letter.

If it's been more than one year, you need a change of circumstances or an exceptional hardship to apply.

As for the 212(e) physical presence requirement, it shouldn't be a concern to you, because:
- You have it waived
- Even if you didn't, you can still apply and it shouldn't affect your eligibility for an LPR status per § 1209.2 Adjustment of status of alien granted asylum of Title 8 of FCR, which reads as follows:
"An applicant for adjustment who has had the status of an exchange alien nonimmigrant under section 101(a)(15)(J) of the Act, and who is subject to the foreign resident requirement of section 212(e) of the Act, shall be eligible for adjustment without regard to the foreign residence requirement."

Disclaimer: I am not a lawyer and above is only my opinion.
Click to expand...

Does that mean even if I hold J1 visa and I am granted asylum, I do not need a viewer for GC application?

Thanks
 
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