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I am on J1 visa, and I am subject to two year home residency requirement &have win DV lottery for green cart Can I adjust statu

Business 3 views 1 answers
My scholarship is neither funded by US government not my own governors... I am not under any of the categories for being subject to 2year home residency requirement ...and non of the ways of getting J1 waiver applies to me... My scholarship is fully founded by the government of other country but through the "World Bank"... But getting advisory opinion of the Department of State, they said I am subject to 2 year home residency requirement... I win DV lottery for green cart... Can I apply for adjusting my status for getting green cart? And if they said I am subject ... Can I defend in the time of interview... Because considering all of the conditions which are mentioned by DOS about the ones who are subject to two year home residency requirement ... I have non of that conditions ... So I can say I am not subject to two year home residency requirement...

Attorney Answer

1
Karin WolmanImmigration AttorneyNew York, NY ·
You are subject to INA 212e because your J-1 program was funded by an international organization of which the US, and possibly also your home country, is a member. You cannot adjust status as a DV lottery winner unless you first obtain a waiver, which is time-consuming and typically incompatible with the DV processing timeframe.
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