Does J visa 2 year rule applicable on asylum grantee to get AOS?

[WALE]

Hi,
I come to the USA as a J-1 with my family as J 2 in October 2013. Our visa has a 2 year foreign country residency rule. We haven’t fulfilled the two-year rule. Meanwhile, we are granted Asylum in Nov. 2016 and have been legally present in the states for a year now. Does asylum status mean a waiver for the two year rule? If not, do we have to file for a waiver before we submit Adjustment of Status for Green Card?

Thanks!

[Dreamerdancer42]

Hi,
I come to the USA as a J-1 with my family as J 2 in October 2013. Our visa has a 2 year foreign country residency rule. We haven’t fulfilled the two-year rule. Meanwhile, we are granted Asylum in Nov. 2016 and have been legally present in the states for a year now. Does asylum status mean a waiver for the two year rule? If not, do we have to file for a waiver before we submit Adjustment of Status for Green Card?

Thanks!

I came as an aupair on J1 but didnt have the two year rule. I researched a lot prior to applying for Adjustment of status..and you are NOT eligible to adjust with the two year rule. There is a waiver , that is the only way but that might be difficult to get...when you search for eligibility for AOS, illegal entry to the country and J1 with two year rule are biggest issues which make someone ineligible. In my opinion , waiver would be most definitely needed. I know, if you have the two year rule, not even marriage to US citizen would help you to adjust..its a little complicated...sorry.

[azblk]

Hi,
I come to the USA as a J-1 with my family as J 2 in October 2013. Our visa has a 2 year foreign country residency rule. We haven’t fulfilled the two-year rule. Meanwhile, we are granted Asylum in Nov. 2016 and have been legally present in the states for a year now. Does asylum status mean a waiver for the two year rule? If not, do we have to file for a waiver before we submit Adjustment of Status for Green Card?

Thanks!

As an asylee you have a reasonable fear of persecution if you return to your home country. I dont know if you need a waiver but if you do it will almost be certainly granted. Illegal entrants who win asylum can adjust with no issues so I think the 2 year home residence doesn't apply or will be waived in your case.

[newacct]

8 CFR 209.2(b) seems to contain a part that says the requirement doesn't apply:

An applicant for adjustment under this part who has had the status of an exchange alien nonimmigrant under section 101(a)(15)(J) of the Act, and who is subject to the foreign resident requirement of section 212(e) of the Act, shall be eligible for adjustment without regard to the foreign residence requirement if otherwise eligible for adjustment.

but I can't find any definitive statements in any manuals