Waiver for my J1 visa- Do I still need one for the green card interview?

[techdude1]

Hello,



My J1 visa says that I am subject to the section 212e aka the 2 years HRR. I applied for an advisory opinion with the Dept. of State and they issued me a finding letter saying that I am NOT subject to the 2 years HRR.

I am married to a US Citizen and my question is if the finding letter saying that I am NOT subject from the Dept. of State is enough for the green card interview or do I still have to get the actual waiver from the USCIS?


thank you in advance, D.

[AFFA]

I wish to inform you that if Department of State has stated that you are not subject to 2 year home residency rule then waiver is not required by you. Waiver is taken when a person is subject to 2 year rule and if you are not subject to 2 year rule then waiver rules will not apply. You can take your Department of State letter and inform authorities that you are not subject to 2 year home residency rule.

AFF

[Lexus]

I would like to inform you that eligibility for the green card interview is based on three criteria: eligibility for one of the Immigration and Nationality Act (INA) immigrant categories, an approved "qualifying immigrant petition" and the immediate right to receive an immigrant visa and be admissible to the United States.