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Can I file a DS-260 while fulfilling the J1 waiver requirements?

I have an approved I-526 petition with a priority date in March 2018. I am an Indian national. I am also a physician fulfilling my J1 waiver requirements in underserved areas. The waiver requirements will be completed in July. Can I proceed to file a DS-260 and schedule an interview after the completion of my waiver so as to be within the rules of the waiver but also use my waiver time effectively towards the processing of a green card?

Answers

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on April 3, 2020

  Yes, you can. However, the filing may not necessarily speed up your application for an immigrant visa as the NVC will not approve the DS-260, until the NVC considered your filing to be documentarily certified, meaning there won''t be any real processing until all required documents are turned over to the agency. In fact, you may receive a few documents requests for your application. If your waiver were to lag behind, your application will not be certified for an interview. Advisably, make sure all steps are taken that your plan is precisely planned and your idea does not lead to immense delay.

• BoBi Ahn

  Immigration Attorney

  Answered on March 26, 2020

  Yes, you can proceed with I-526 processing while you are fulfilling your J-1 requirements.

• Lynne Feldman

  Immigration Attorney

  Answered on March 12, 2020

  I believe you can only file an I-485 while fulfilling the requirements and this will allow work and travel permits but will not be adjudicated until your requirements have been fulfilled.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on March 11, 2020

  Yes, you can file the DS-260 while fulfilling the two-year home residency requirement as a physician in an underserved area. It might be easier to file an adjustment in the U.S., however.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on March 11, 2020

  Ideally, you should not schedule the interview until the waiver has been granted.