Negative J1 advisory opinion and already filed I-485 package

[Fik21]

I came here on J1 visa in 2018 for internship The subject code listed on the certificate of eligibility does not make me subject to the 2 year home residency requirement.visa says does not apply Ds2019 is empty.I asked for an advisory opinion and the waiver department again stated that I was subject putting me in a different category on the skills list. I am married to a US citizen and I already submitted the I-485 package. I have read that USCIS has the ultimate authority to proceed with the I-485 application and the advisory opinion is simply an opinion. Is there a way to appeal the advisory opinion? and is there a way to fight this when USCIS issues an RFE. we want to know what your experiences have been.

[IHRL]

You still need to apply for a waiver even if your I485 is pending

Hi,

I'm sorry that you're going through this. I was also on a J1 (for a full-time position) and had to request an advisory opinion from the State Dept because the consular officer noted that I was not subject to the 2 year home rule on my DS-2019, but when I obtained my visa it said I was subject to the rule because of my home country marked my degree/skills as needed. Although based on good reasons, and in order to prevent brain-drain, you'll find that individuals from developing countries are typically subject to the 2 year home requirement because their skills/profession are needed back home.

In my case, I had to first request a no-objection letter from my home government (requested such from the Embassy in US) before applying for a waiver from the State Dep't. The State Dep't's waiver recommendation is then sent to DHS, which is the agency which makes the final determination.

Even though you have applied for your adjustment of status, you still need to apply for a waiver. DHS will then make the determination of your waiver and your pending I485 application. DHS WILL NOT decide on the J1 requirement with a simple I485 application. YOU WILL NEED TO apply for a waiver.

https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/how-to-apply-waiver.html

A waiver of the requirement is based on the following permissible grounds:

1. No Objection Statement (from your home country's government);

2. Request by an Interested (byU.S. Federal Government Agency);

3. Fear of Persecution if forced to return to your home country (basically a claim for asylum, but harder to prove in this case);

4. Exceptional Hardship to a U.S. Citizen (or lawful permanent resident) spouse or child (this is incredibly hard to prove and is not as simple as saying it will cause financial loss or emotional hardship to your partner or child); and

5. Request by a Designated State Public Health Department or its Equivalent (Conrad State 30 Program).

I hope this information helps. There are several resources online that you can consult too. Best of luck!

[Fik21]

can i request again with evidence to advisory opinions. because i think they made a mistake. my group is 53. i came with high school degree and 5+ work experience.

[IHRL]

can i request again with evidence to advisory opinions. because i think they made a mistake. my group is 53. i came with high school degree and 5+ work experience.

I don't know what category that is. The requirement applies if you have a certain degree or meet the skills as designated by your home country. The required skills are dependent on your country of nationality. Please refer to this website for more information: https://travel.state.gov/content/tra...ills-list.html


In terms of requesting an advisory opinion, you don't want to waste another month if not more, for the government to find that you are still subject to the 2 year home rule. The risk is high. If you don't apply for a waiver and still manage to get your green card approved, you WILL STILL have to go back home for two years and fulfill the two year home requirement.

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can i request again with evidence to advisory opinions. because i think they made a mistake. my group is 53. i came with high school degree and 5+ work experience.

I don't know what category that is. The requirement applies if you have a certain degree or meet the skills as designated by your home country. The required skills are dependent on your country of nationality. Please refer to this website for more information: https://travel.state.gov/content/tra...ills-list.html


In terms of requesting an advisory opinion, you don't want to waste another month if not more, for the government to find that you are still subject to the 2 year home rule. The risk is high. If you don't apply for a waiver and still manage to get your green card approved, you WILL STILL have to go back home for two years and fulfill the two year home requirement.

[Fik21]

i checked this website my country is Turkey and skill code is 53 not on the list. thank you i will go lawyer