Question about J2 visa with 2 year HRR and selected for Diversity Visa Lottery

#1
Hello everyone.
I have a question for those who passed through this path.
My wife(J1) and Me(J2) have 2 year HRR rule and applied for waiver to Vermont Office(says max 6 months processing time) and our Favorable Recommendation Letter has been sent by Department Of State to USCIS. When I check our case on uscis online it's still show "Case Accepted By The USCIS Lockbox" since October 2018.
I've been selected for Diversity Visa 2019 and applied for Adjustment Of Status application (I-485) with favorable recommendation.
We've an interview at uscis office 2 weeks later and still waiting for waiver.

If we don't get waiver approval letter before the uscis adjustment of status interview, would they deny my Adjustment Of Status application ?
Or, are there any options that I can do to bypass this thing and get our greencard in safe ?
 

SusieQQQ

Well-Known Member
#4
No diversity visas can be issued after 30 September. If the case has not been approved by then you will lose out.

I don't know anything about J waiver timelines, has yours been normal? If not suggest you follow up there to see what the holdup may be.
 
#5
No diversity visas can be issued after 30 September. If the case has not been approved by then you will lose out.

I don't know anything about J waiver timelines, has yours been normal? If not suggest you follow up there to see what the holdup may be.
Got it. There's a pharagraph about who can't file this form on I-485 Adjustment Of Status form. Maybe I'm just acting simply tendentious about it. :
"If you are or were a J-1 or J-2 nonimmigrant exchange visitor and are subject to the 2-year foreign residence requirement of INA section 212(e), you may not apply to adjust status unless you have complied with the foreign residence requirement, have been granted a waiver of that requirement, or were issued a favorable waiver recommendation letter from U.S. Department of State (DOS)."
It doesn't say anything it won't be processed until you got your waiver or sth. What do you think about it ?
 

SusieQQQ

Well-Known Member
#6
Got it. There's a pharagraph about who can't file this form on I-485 Adjustment Of Status form. Maybe I'm just acting simply tendentious about it. :
"If you are or were a J-1 or J-2 nonimmigrant exchange visitor and are subject to the 2-year foreign residence requirement of INA section 212(e), you may not apply to adjust status unless you have complied with the foreign residence requirement, have been granted a waiver of that requirement, or were issued a favorable waiver recommendation letter from U.S. Department of State (DOS)."
It doesn't say anything it won't be processed until you got your waiver or sth. What do you think about it ?
Sorry, I'm not sure what you are trying to say with that quote. AFAIK you need the waiver granted before you can actually get your green card (applying to adjust is not the same as actually adjusting status), but I'm not an immigration lawyer.
Regardless, there are over 3 months left in the fiscal year. You will presumably have your waiver by then.
 

Sm1smom

Super Moderator
#7
Like Susie already explained, your AOS petition will not be approved without either the waiver or a fulfillment of the 2YHRR. A waiver in your case since your approval can’t go beyond the end of your applicable DV year.
 
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