AOS from Asylum and J-1 2-year rule

anassri

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Join Date: Jun 2015

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#1

AOS from Asylum and J-1 2-year rule

06-08-2015, 10:50 PM

Hi,

I've been granted Asylum in June 2014 from F-1 status and have been legally present in the states for a year now, which means I am eligible for an AOS. I was on a J-1 status in 2010 and never fulfilled the two-year rule. Would my asylum status release me from the 2-year rule? or do I have to file for a waiver before I submit an AOS?

Thanks!
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inadmissible

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Join Date: May 2015

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06-09-2015, 12:05 AM

No, a grant of asylum in itself does not waive the foreign residency requirement. That said, if you qualified for asylum, you should be able to win a waiver.

If you believe that you will be persecuted based on your race, religion, or political opinion if you return to your home country, you may apply for a persecution waiver.

See Form I-612 and its instructions.
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