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Posted

I first thought AoS would be easier than asylum, but in my case the story unfolded differently. I came to U.S. last year on J Visa and later on my other formerly filed I-360 petition based on an Special Immigrant Visa was approved. I filed for AoS, but USCIS asked me for a waiver for the 2 year home residency requirement on J visa thru which I entered the U.S. The waiver is taking forever and I only have 12 weeks to get it approved? I don't know what's gonna happen to my AoS if I couldn't meet the deadline and deliver waiver within time?

Another problem is that my J status expires in a week, although with pending AoS, I believe that it would be safer for my to file for asylum just in case that USCIS makes a decision after their deadline passes and before I am able to present the waiver. Can anyone advice whether I should file for asylum, too? Would it hurt the AoS? With this I would only avoid the consequence of running out of status and/or having to leave the country.

Posted

Have you filed an I-485 for the AOS? If so while that is pending you are lawfully present despite being out of status once your J visa expires.

Yes. I am worried about when the I-485 gets denied as a consequence of me not being able to obtain the J waiver for which I was RFE'ed during the AoS interview. Wouldn't filing for an asylum save give me status even if the AoS is rejected?

 
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