From J1 to Green Card

[Jade_]

Hi everyone,
I'm italian and I knew to have been selected for the dv2022 (case no 20xxx) when I had already started the process to obtain j1 visa to work in USA. This means that when i submitted my ds260 I hadn't got yet the j1 visa.

Now i have some questions for you:
1. What should I do with the ds260? May I ask to kcc to unlock my ds260 to add that I've already hold a j1 visa (issued in august)? Yesterday i have received the “documents-required“ email from kcc and I've already sent documents.
2. At the end of september, I'll go to USA but I'd like to complete the process to obtain green card in Italy. Choosing this way, I'm wondering if, after the interview in embassy (in Italy), i'll be able to come back in USA or if after the interview i won't have any visa/passaport so i'll have to wait months before comune back to USA?

thank you very much!

 

[BlueCobra]

As you have already received your J-1 visa you are ineligible to receive the green card until you complete mandatory two years
home residency stipulation.

Please consult a lawyer experienced with the American Immigration laws ASAP.

You had already known in May, this year, that you have won the green card lottery. You should have abandoned your J-1 visa plans
right there and then.

Anyhow you can't undo your past actions right now.

Good Luck !!

 

[newacct]

Hi everyone,
I'm italian and I knew to have been selected for the dv2022 (case no 20xxx) when I had already started the process to obtain j1 visa to work in USA. This means that when i submitted my ds260 I hadn't got yet the j1 visa.

Now i have some questions for you:
1. What should I do with the ds260? May I ask to kcc to unlock my ds260 to add that I've already hold a j1 visa (issued in august)? Yesterday i have received the “documents-required“ email from kcc and I've already sent documents.
2. At the end of september, I'll go to USA but I'd like to complete the process to obtain green card in Italy. Choosing this way, I'm wondering if, after the interview in embassy (in Italy), i'll be able to come back in USA or if after the interview i won't have any visa/passaport so i'll have to wait months before comune back to USA?

thank you very much!

If your J1 has the INA 212(e) two-year home residency requirement, and you want to immigrate on DV, you should forget about the J1 and just immigrate through the DV. As long as you have not used the J1 visa to enter the US, the INA 212(e) two-year home residency requirement doesn't apply to you, and you can immigrate as normal. If you use the J1 visa to enter the US, or otherwise change into J1 status while in the US, then you will have the two-year home residency requirement, which will prevent you from immigrating by the end of fiscal year 2022.

The text of INA 212(e) says:

(e) No person admitted under section 101(a)(15)(J) or acquiring such status after admission (i) whose participation in the program for which he came to the United States was financed in whole or in part, directly or indirectly, by an agency of the Government of the United States or by the government of the country of his nationality or his last residence, (ii) who at the time of admission or acquisition of status under section 101(a)(15)(J) was a national or resident of a country which the Director of the United States Information Agency pursuant to regulations prescribed by him, had designated as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the alien was engaged, or (iii) who came to the United States or acquired such status in order to receive graduate medical education or training, shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 101(a)(15)(H) or section 101(a)(15)(L) until it is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of a least two years following departure from the United States: Provided, That upon the favorable recommendation of the Director, pursuant to the request of an interested United States Government agency (or, in the case of an alien described in clause (iii), pursuant to the request of a State Department of Public Health, or its equivalent), or of the Com missioner of Immigration and Naturalization after he has determined that departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident alien), or that the alien cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion, the Attorney General may waive the requirement of such two-year foreig n residence abroad in the case of any alien whose admission to the United States is found by the Attorney General to be in the public interest except that in the case of a waiver requested by a State Department of Public Health, or its equivalent, or in the case of a waiver requested by an interested United States government agency on behalf of an alien described in clause (iii), the waiver shall be subject to the requirements of section 214(l) : And provided further, That, except in the case of an alien described in clause (iii), the Attorney General may, upon the favorable recommendation of the Director, waive such two-year foreign residence requirement in any case in which the foreign country of the alien's nationality or last residence has furnished the Director a statement in writing that it has no objection to such waiver in the case of such alien.

Note that it says "admitted [...] or acquiring such status after admission". If you just got the visa but never used it to enter the US and you were never in J status, it doesn't apply. So you have an opportunity now, since you haven't used the J1 visa to enter the US, to disregard it and have it not affect your immigration process. You don't need to change anything on your DS-260, since it was correct when submitted.

 

[SusieQQQ]

Again, IF the J1 has a 2 year HRR. Not all of them do.

 

[Jade_]

As you have already received your J-1 visa you are ineligible to receive the green card until you complete mandatory two years
home residency stipulation.

Please consult a lawyer experienced with the American Immigration laws ASAP.

You had already known in May, this year, that you have won the green card lottery. You should have abandoned your J-1 visa plans
right there and then.

Anyhow you can't undo your past actions right now.

Good Luck

If your J1 has the INA 212(e) two-year home residency requirement, and you want to immigrate on DV, you should forget about the J1 and just immigrate through the DV. As long as you have not used the J1 visa to enter the US, the INA 212(e) two-year home residency requirement doesn't apply to you, and you can immigrate as normal. If you use the J1 visa to enter the US, or otherwise change into J1 status while in the US, then you will have the two-year home residency requirement, which will prevent you from immigrating by the end of fiscal year 2022.

The text of INA 212(e) says:

Note that it says "admitted [...] or acquiring such status after admission". If you just got the visa but never used it to enter the US and you were never in J status, it doesn't apply. So you have an opportunity now, since you haven't used the J1 visa to enter the US, to disregard it and have it not affect your immigration process. You don't need to change anything on your DS-260, since it was correct when submitted.

Thank you for your answer.
My J1 visa doesn’t have the mandatory two years home residence rule

 

[Jade_]

As you have already received your J-1 visa you are ineligible to receive the green card until you complete mandatory two years
home residency stipulation.

Please consult a lawyer experienced with the American Immigration laws ASAP.

You had already known in May, this year, that you have won the green card lottery. You should have abandoned your J-1 visa plans
right there and then.

Anyhow you can't undo your past actions right now.

Good Luck !!

Thank you for your answer.
My J1 visa doesn’t have the mandatory two years home residence rule. I know that this rule is applied only in particular case (i.e. when your salary is paid by your home country).