Is Grant Asylum waive the 212e ??????

[USCIS12]

Does Grant Asylum waive the 212e ??????

I had J-1 visa to do a medical residency. After one year, (in 2001) I was granted asylum. I asked both my lawyer and INS at this time if I needed to obtain a waiver for the 212e and I was told that I did not need to do this. In fact, I called three separate times to INS to speak to an immigration officer and they all said that when you apply for a green card all that matters is the current status, and not previous statuses.

I got married to a US citizen in 2004. Last week was my green card interview, and they told me that I need the J-1 visa waiver. The interviewer insisted that I need this in spite of the fact that I have had asylum status for the past 5 years although it is clear that I can not return to my home country because of my asylum status.


Does the grant asylum waive the 212e?

 

[I612]

If you changed status to J after the asylum application (not approval) I think you are subject to the 2yr rule now. If you were on J when you filed for "asylum" then it would/should have been file on I-612 which gives you asylum+waiver (if you ask for asylum, you can also file this for hardship). Talk to a lawyer and you might be able to file an I-612. If the asylum stays valid just waiting for the waiver your chance is better with a hardship waiver.

 

[dovictim]

I am , some what in the same situation. I got derivative asylee.
I applied two I-485, one based on asylee and the other based on employment(140/485). The later one was fast and asked to bring j1-waiver. I filled mmy j1 waiver for that. BUt it still with them, more than 8 months.

I consulted a lawyer and was told that for the GC through the asylee, i donot need to get j1-waiver. if you want, contact me offiline and forward to you the whole consulation correspondance i have.


GC both through m

I had J-1 visa to do a medical residency. After one year, (in 2001) I was granted asylum. I asked both my lawyer and INS at this time if I needed to obtain a waiver for the 212e and I was told that I did not need to do this. In fact, I called three separate times to INS to speak to an immigration officer and they all said that when you apply for a green card all that matters is the current status, and not previous statuses.

I got married to a US citizen in 2004. Last week was my green card interview, and they told me that I need the J-1 visa waiver. The interviewer insisted that I need this in spite of the fact that I have had asylum status for the past 5 years although it is clear that I can not return to my home country because of my asylum status.


Is it the grant asylum waive the 212e?

 

[hadron]

The issue might be that you have to get your GC THROUGH asylum. If you apply for it through marriage or employment, you are still subject to the HRR. (However, if you were eligible for asylum, you should be able to get a persecution waiver as well.)