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Family based adjustment of status from J1 visa, no 2 year home return requirement, should we include additional evidence?
Anonymous1 views1 answers
Hi,
My wife filed AOS in August, we just did the biometrics. She has had 2J1 visas, neither of them has a 2year home return requirement based on DS2019. The first visa was sponsored by the university she did the foreign exchange with, the second one, by her employer.
Her country doesn't have an exchange visitor skills list, and jer J1s weren't related to medical training.
Could we possibly get a RFE asking for more evidence that she didn't have a 2yr requirement? What evidence can we include? Is it necessary to get an advisory opinion from the department of state?
Thanks!
While it's not possible to tell if there is a ground on which she might be deemed subject to INA 212(e), based on the information you have provided, whatever you do, you should NOT submit unsolicited supplementary evidence before you get a Request for Evidence, because:
a) you cannot anticipate what they will ask for, and
b) the likelihood that your additional documents will ever reach the file, if you submit them solo and not in response to an RFE, is very close to zero.
Sit tight. If and when you get an RFE, then gather it up with a complete copy of what you filed, and any other documents that you believe may be relevant, and go consult with an immigration attorney, since your future together in this country may depend upon it.
This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship.
