Legal Question in Immigration Law in Indiana

My husband is a J-1 holder and applying for hardship waiver. The current status for hardship waiver is: DOS sent favorable recommendation to USCIS on Dec 23, 2010, and we are still waiting for the final decision from USCIS. My question is: Could we start the process of I-485 (for example medical examination, et al) now? Could we file for I-485 with the letter of recommendation from the State Department? If yes, is that possible that an adjustment of status application (Form I-485) may be issued with just the letter of recommendation from the State Department? Also I know the medical examination is time sensitive. How old of medical examination is acceptable for I-485 filing?

Thank you in advance for your kind help.


Asked on 12/30/10, 8:10 am

1 Answer from Attorneys
Dianne Brooks The Mandel Law Firm

You can begin the process, apply, pay the fees and the like but if you don't have that waiver you will not get approved and the DOS recommendation is not such. It is likely that your application will be accepted, and even an interview scheduled, but if you get to that interview and have no waiver your husband will get no green card.

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Answered on 1/04/11, 8:52 am


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