J1 to AOS -- HELP!

[SchengenDiversity 1]

Hello, I am a DV2021 winner from Italy but I am now in the US doing research with a J1 since mid October. My program agreed to let me go back home for my interview but I can't travel now even though I already have the vaccine and I don't fall into the NIE exemptions since yesterday's update.

Is it too late to Adjust my status instead? I read the guide but I couldn't find an answer to these adjustment of status questions 

Anyone around here has been in a similar situation

 

Thank you.

[SusieQQQ 11,586]

Not too late to adjust status. What is your case number - are you even current yet?  You’ll first need to contact KCC (on the email address on your selection letter, making sure to provide all the required information) that you wish to change from consular processing to AOS. If you don’t get confirmation (beyond an immediate auto reply) within a couple of days you may want to call them to follow up.
 

Look in your private messages in a few minutes, I’m going to message you a link with detailed information about the DV AOS process, which differs from other types of AOS.

[SchengenDiversity 1]

1 minute ago, SusieQQQ said:

Not too late to adjust status. What is your case number - are you even current yet?  You’ll first need to contact KCC (on the email address on your selection letter, making sure to provide all the required information) that you wish to change from consular processing to AOS. If you don’t get confirmation (beyond an immediate auto reply) within a couple of days you may want to call them to follow up.
 

Look in your private messages in a few minutes, I’m going to message you a link with detailed information about the DV AOS process, which differs from other types of AOS.

Thank you so very much! If I am going to adjust status. So my number is EU59XX, I quickly asked my employer to allow me to travel back to my country but then the ban got extended, then cancelled, now the Schengen ban, they haven't even asked me for my documents yet (I sent DS260 at the very very end of December)... My head might explode any minute. 

Thank you so much for the information, do I need to prove I waited the 90 days after entering the country with the J1? I know with the K1 I had I didn't have to wait but because that was the purpose of the visa (this was two years ago and we broke up in the end)

[Veronikac 15]

5 minutes ago, SchengenDiversity said:

Thank you so very much! If I am going to adjust status. So my number is EU59XX, I quickly asked my employer to allow me to travel back to my country but then the ban got extended, then cancelled, now the Schengen ban, they haven't even asked me for my documents yet (I sent DS260 at the very very end of December)... My head might explode any minute. 

Thank you so much for the information, do I need to prove I waited the 90 days after entering the country with the J1? I know with the K1 I had I didn't have to wait but because that was the purpose of the visa (this was two years ago and we broke up in the end)

There is no reason to wait for 90 days. Also make sure that your J1 is not coming with two years home residency requirement.

[SusieQQQ 11,586]

19 minutes ago, SchengenDiversity said:

Thank you so very much! If I am going to adjust status. So my number is EU59XX, I quickly asked my employer to allow me to travel back to my country but then the ban got extended, then cancelled, now the Schengen ban, they haven't even asked me for my documents yet (I sent DS260 at the very very end of December)... My head might explode any minute. 

Thank you so much for the information, do I need to prove I waited the 90 days after entering the country with the J1? I know with the K1 I had I didn't have to wait but because that was the purpose of the visa (this was two years ago and we broke up in the end)

Ok so you’re current already, file away!

 

as one poster above said - do make sure you don’t have 2 year HRR or that you can waive it if you do.

[SchengenDiversity 1]

13 minutes ago, Veronikac said:

There is no reason to wait for 90 days. Also make sure that your J1 is not coming with two years home residency requirement.

 

2 minutes ago, SusieQQQ said:

Ok so you’re current already, file away!

 

as one poster above said - do make sure you don’t have 2 year HRR or that you can waive it if you do.

Thank you so much! I am not subject to the 2 years rule, something about the program to being funded by the government but privately. I was convinced I had to wait the 90 days because of having entered on a new NIV recently, but if I don't then let's get this party rolling! 

[SusieQQQ 11,586]

9 minutes ago, SchengenDiversity said:

 

Thank you so much! I am not subject to the 2 years rule, something about the program to being funded by the government but privately. I was convinced I had to wait the 90 days because of having entered on a new NIV recently, but if I don't then let's get this party rolling! 

I thought you said you entered in mid October, that’s much longer than 90 days? Unlike the other poster I would certainly suggest waiting that even though it seems clear in your case it is a change in circumstances and not preconceived intent. (it is unclear on what basis that poster may have adjusted, those adjusting on the basis of marriage to a citizen are not subject to the same limitations as others so advice is not always applicable universally)

Edited March 3, 2021 by SusieQQQ

[SusieQQQ 11,586]

32 minutes ago, Veronikac said:

There is no reason to wait for 90 days. Also make sure that your J1 is not coming with two years home residency requirement.

Did you adjust on the basis of marriage to a citizen, or on another basis? If in an IR/CR category please note that what was applicable to you may not be applicable to those applying through other categories.

[SchengenDiversity 1]

49 minutes ago, SusieQQQ said:

I thought you said you entered in mid October, that’s much longer than 90 days? Unlike the other poster I would certainly suggest waiting that even though it seems clear in your case it is a change in circumstances and not preconceived intent. (it is unclear on what basis that poster may have adjusted, those adjusting on the basis of marriage to a citizen are not subject to the same limitations as others so advice is not always applicable universally)

Yes, I just didn't know if I had to show proof that it has been more than 90 days, like the plane ticket I came in. But if I don't have to wait the 90 days, or didn't have to, then I don't need to send the proof and I can just move along with it all when I am finished reading the process and documents are ready. Blessings for your help. 

[SusieQQQ 11,586]

19 minutes ago, SchengenDiversity said:

Yes, I just didn't know if I had to show proof that it has been more than 90 days, like the plane ticket I came in. But if I don't have to wait the 90 days, or didn't have to, then I don't need to send the proof and I can just move along with it all when I am finished reading the process and documents are ready. Blessings for your help. 

You don’t need to send in proof of that.  Just follow the process about what you need to send in.

[HRQX 4,145]

2 hours ago, SchengenDiversity said:

But if I don't have to wait the 90 days, or didn't have to,

USCIS does not have 90 day rule: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 "Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers."

[SusieQQQ 11,586]

3 hours ago, HRQX said:

USCIS does not have 90 day rule: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 "Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers."

That section does goes on to say, right after that:

 

However, USCIS officers must examine all of the factors in an applicant’s case. After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States.

 

in other words, it’s not a binding rule, but it’s not a bad idea to meet it to help overcome a possible misrepresentation finding, especially for those applicants who do not have the protection of marrying citizens.

[HRQX 4,145]

12 minutes ago, SusieQQQ said:

However, USCIS officers must examine all of the factors in an applicant’s case. After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States.

That part is essentially just reiterating that if a finding of willful misrepresentation (as described in 8 USCIS-PM J.2(B)) occurs then the process described in 8 USCIS-PM J.3(A)(1) and 8 USCIS-PM J.3(A)(2) should be followed.

[SusieQQQ 11,586]

13 minutes ago, HRQX said:

That part is essentially just reiterating that if a finding of willful misrepresentation (as described in 8 USCIS-PM J.2(B)) occurs then the process described in 8 USCIS-PM J.3(A)(1) and 8 USCIS-PM J.3(A)(2) should be followed.

That part is stated directly in the context of the 90 day “rule” not being a rule but then still talks about a short period of time being one of the factors to look at. It is under the heading of 90 day rule, not under a heading of what process to follow when misrepresentation is found. No matter - it’s not relevant to OP as he’s coming up for 5 months here anyway. And not the same topic necessarily but people who adjust IR/CR here are sometimes a little too free/complacent with the “it doesn’t matter” advice they give to those adjusting on other bases where some things do matter.

 

 

Edited March 4, 2021 by SusieQQQ