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J-1 waiver of out-of-status applicant pending with USCIS. Can USCIS initiate removal proceedings? Mailed AOS app today.

Boston, MA |

Got favorable recommendation from DOS for no-objection J-1 2Y HRR waiver application yesterday in mail. Mailed concurrent filing application for AOS based on marriage to a USC today. No history of arrest. Out of status since 2 months. Is there a chance that USCIS may have initiated removal proceedings when they received DOS recommendation last week?

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Attorney answers 2

Best Answer

No, there is no chance that USCIS would use this as a lead to put you in removal proceedings.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


Doubtful, but you appear to be ahead of yourself. Generally speaking, you need to obtain the waiver before applying for adjustment of status. USCIS decides whether to grant you the waiver, not DOS. If the waiver is denied so will your adjustment application and removal proceedings may ensue.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.