Individuals who enter the United States without inspection are generally ineligible for adjustment of status. The standard procedure involves consular processing, which may trigger a ban, necessitating a waiver application.
Write a signed explanation letter to the consulate explaining why the document is not available (also asking for DNA request). You can also provide affidavits from relatives, etc regarding the name.
Hello members!
I am trying to get information on how to proceed.
The foreign spouse was issued a J1 visa in 2020 and expired in 2022 (with covid extension) and seeks to file the AOS packet. Will she need to file the J1 waiver form and/or the I-601 forms? There is a note written on the visa that mentioned the 2 year residency requirement that was not fulfilled due to being an overstay.
Thanks for you guidance 🙏