J-1 Waiver Timelines 2016

[Kteixeira 0]

5 minutes ago, Kteixeira said:

USCIS called me back today with bad news...

 

They confirmed that the  "Adjudicator's Field Manual' mention that  "A no objection case is the only situation where the alien is allowed to file an adjustment application concurrently with waiver request." (see https://www.uscis.gov/ilink/docView/AFM/HTML)

However they called me back to apologize because there is another manual called "Police Manual - USCIS" that confirms that officers should reject adjustment of status forms (I-485) submitted before the applicant receives a final answer on the I-612 form (chapter 7 - Part A). According to USCIS the "Police Manual" instructions cancel the information that I got from the  "Adjudicator's Field Manual" and I should wait for my I-612 decision before submitting any documents/fees. 

 

See https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter2.html for the "Police Manual" for the citation:

 

"

Certain Exchange Visitors ^[25] 

 

Certain exchange visitors (J-1 and J-2 nonimmigrants) ^[26] admitted to the United States are subject to a two-year foreign residence requirement. ^[27] These exchange visitors generally must return to the country of their last residence or the country of their nationality for a continuous two-year period after the end of their exchange program before they can apply for permanent residence. If such exchange visitors do not return to the country of their last residence or to their home country for at least two years after the end of their exchange program, they may be ineligible for adjustment of status. However, certain exchange visitors may be eligible for a waiver of the requirement through an Application for Waiver of the Foreign Residence Requirement (Form I-612). ^[28] 

 

Officers should first adjudicate the waiver request, as denial of the waiver necessarily renders the applicant ineligible for adjustment of status. Officers should not hold adjustment cases while waiting for either the applicant to submit a waiver application or the Department of State to make a recommendation on a waiver application and instead should deny the adjustment application for ineligibility based on the evidence of record. "

 

I didn't  want to argue with them anymore, but for me it is clear that " Officers should not hold adjustment cases while waiting for either the applicant to submit a waiver application or the Department of State to make a recommendation" means that after the decision from DOS I can submit my adjustment of status application and not that i need to wait for the I-612 approval (USCIS decision)!

 

 

 

Edited July 6, 2017 by Kteixeira

[Coco8 1,039]

7 minutes ago, Kteixeira said:

Officers should not hold adjustment cases while waiting for either the applicant to submit a waiver application or the Department of State to make a recommendation on a waiver application and instead should deny the adjustment application for ineligibility based on the evidence of record. "

 

 

 

But I think that is not your case. 

 

First, you already submitted the waiver application. So they do not have to wait for that.

 

Second, the DOS made a recommendation on the waiver. So you don't have to wait for that either. 

 

 

 

 

 

[Kteixeira 0]

1 minute ago, Coco8 said:

 

But I think that is not your case. 

 

First, you already submitted the waiver application. So they do not have to wait for that.

 

Second, the DOS made a recommendation on the waiver. So you don't have to wait for that either. 

 

 

 

 

 

That is what I said... but they keep insisting! I was transferred for 3 different lines, everyone insisting that I have to wait so I got tired of arguing with USCIS about their own rules!

[Coco8 1,039]

16 minutes ago, Kteixeira said:

That is what I said... but they keep insisting! I was transferred for 3 different lines, everyone insisting that I have to wait so I got tired of arguing with USCIS about their own rules!

I don't know. A lot of the people who answer the phones are not the same people who make the decisions and know about stuff. On VJ a lot of people complain about getting the wrong information from them. I'd go with what you got from the lawyer. Plus, you can search on VJ and you'll find plenty of people who filed their AOS with the confirmation you received from USCIS.

 

I would only wait if you are on another visa. But if you are not, then you could be "deportable" and also, you are looking at 2-3 months to hear from USCIS and another 3-4 months for AOS. That is a long time.

Edited July 6, 2017 by Coco8

[logisticamente 152]

I was wondering if any of the members who got Favorable Recommendation in early June has heard anything from USCIS yet...

[PauliA 3]

7 minutes ago, logisticamente said:

I was wondering if any of the members who got Favorable Recommendation in early June has heard anything from USCIS yet...

I got DOS Favorable Recommendation on June, 2nd. I received USCIS receipt notice early July and it was dated June, 5th. For some odd reason, it was sent to my address in Argentina even though I listed my fiancé address in the US as my mailing address. I haven't received an approval yet. 

[logisticamente 152]

Just now, PauliA said:

I got DOS Favorable Recommendation on June, 2nd. I received USCIS receipt notice early July and it was dated June, 5th. For some odd reason, it was sent to my address in Argentina even though I listed my fiancé address in the US as my mailing address. I haven't received an approval yet. 

Thanks for the reply!!

OMG I hope they dont send anything to my dominican address.. our mail service is useless... just to give you an example: I've never seen a mailman ever anywhere! they don't exist cuz mail doesn't get delivered!!!

But anyways.. GOOD LUCK!

 

You know about the uscis case tracker website right?

https://egov.uscis.gov/casestatus/displayLogon.do

[logisticamente 152]

53 minutes ago, logisticamente said:

Thanks for the reply!!

OMG I hope they dont send anything to my dominican address.. our mail service is useless... just to give you an example: I've never seen a mailman ever anywhere! they don't exist cuz mail doesn't get delivered!!!

But anyways.. GOOD LUCK!

 

You know about the uscis case tracker website right?

https://egov.uscis.gov/casestatus/displayLogon.do

also @PauliA    did you send you 129f already?!!  get to it girl!!

[PauliA 3]

1 hour ago, logisticamente said:

also @PauliA    did you send you 129f already?!!  get to it girl!!

We are mailing it next week! 

[waived2017 0]

On 7/14/2017 at 0:48 PM, logisticamente said:

Thanks for the reply!!

OMG I hope they dont send anything to my dominican address.. our mail service is useless... just to give you an example: I've never seen a mailman ever anywhere! they don't exist cuz mail doesn't get delivered!!!

But anyways.. GOOD LUCK!

 

You know about the uscis case tracker website right?

https://egov.uscis.gov/casestatus/displayLogon.do

My fellow Dominican, the mailman in the DR does exist, just very uncommon (it also depends on where you live, many streets do not have real names/numbers)... I've received many letters and packages from INPOSDOM.

 

Also, the USCIS website often times does not reflect the current status of your case. I was checking mine every day last week and it only said "case received from another office" and when I checked the mail yesterday I was gladly surprised to see the final approval of my waiver. The status never changed online. According to the USCIS, they are processing cases from May 15 (as of May 31st), so you guys should see your waivers approved pretty soon (it was about a month and one half for me, after the DOS recommendation).

[logisticamente 152]

6 hours ago, waived2017 said:

My fellow Dominican, the mailman in the DR does exist, just very uncommon (it also depends on where you live, many streets do not have real names/numbers)... I've received many letters and packages from INPOSDOM.

 

Also, the USCIS website often times does not reflect the current status of your case. I was checking mine every day last week and it only said "case received from another office" and when I checked the mail yesterday I was gladly surprised to see the final approval of my waiver. The status never changed online. According to the USCIS, they are processing cases from May 15 (as of May 31st), so you guys should see your waivers approved pretty soon (it was about a month and one half for me, after the DOS recommendation).

first, Congrats on your final approval!!!

Did you receive your waiver approval through INPOSDOM, or you are in the US?

Thank you for the info on the case tracker, is good to know!!

[waived2017 0]

2 hours ago, logisticamente said:

first, Congrats on your final approval!!!

Did you receive your waiver approval through INPOSDOM, or you are in the US?

Thank you for the info on the case tracker, is good to know!!

Thanks... I'm in the US. The waiver will most likely  be sent to the address on your application, unless you asked them to change it.

[Coco8 1,039]

On 6/30/2017 at 11:01 AM, logisticamente said:

I know Im still "good" meaning.. I know its supposed to be a 2 months wait.. I was just hoping it would be faster.. I checked the numbers around me and 1 of them received NOS on June 5 and Favorable recommendation was sent on June 15 with prev docs sent in April.. So my hopes were that I would get it within a week too as it is a very similar timeline..

 

Can you contact the office that needs to send an answer? I mean.. 2 months is a bit much..

 

Hi, my sponsor views are now on the system. It turns out they had sent them already and the waiver division never got them, lost them, or whatever. After weeks of emailing them they answered that they would request them again and now they got them. Now I am trying to get a final decision from them (already sent email+fax). I am so stressed!  

 

[logisticamente 152]

1 minute ago, Coco8 said:

 

Hi, my sponsor views are now on the system. It turns out they had sent them already and the waiver division never got them, lost them, or whatever. After weeks of emailing them they answered that they would request them again and now they got them. Now I am trying to get a final decision from them (already sent email+fax). I am so stressed!  

 

FINALLY!!! I'm glad to hear everything is coming together for you Coco8!!

I emailed the DOS asking them to please look at my case ASAP and I got a reply 5 days later, all they said was.. We received your NOS on June 15 and your case is with an officer for review... that was ONE Week ago (feels longer though) Hopefully they will be more thoughtful with your case since your views got lost and have been waiting forever..

[Coco8 1,039]

On 7/14/2017 at 3:43 PM, logisticamente said:

also @PauliA    did you send you 129f already?!!  get to it girl!!

 

On 7/17/2017 at 11:21 AM, waived2017 said:

Thanks... I'm in the US. The waiver will most likely  be sent to the address on your application, unless you asked them to change it.

 

On 7/14/2017 at 4:57 PM, PauliA said:

We are mailing it next week! 

 

VJ Friends!!! I just got the response from DOS after waiting for almost 5 months and the fact that they had lost the sponsor views. Plus, I had DOS funding but it was as a governemnt visitor for 20 days in 2009. I was freaking out because they had never told us about the 2 year rule and I did my PhD and postdoc in the US and got a tenure track job as a professor at a US university (I had applied for jobs all over the world). 

Anyway, thank you so much to everyone posting here. It helped me so much to be in contact with other people in similar situation. 

I hope you all get your stuff on time!!!!! Now we have to do the H1B.

 

Besos!!!