Entry as a Tourist After Serving Only Part of J1 2 Year Requirement

I was issued a J-1 visa and B-2 visa at the same time. I came to America on the J-1 first, then returned to my country and stayed for 7-months. Then my family came to America and I wanted to come with them, I used my B-2 visa to come. Both the J-1 and B-2 were in my passport. I was asked what was the purpose for my visit. I said vacation and they stamped my B-2. I never returned to serve out the rest of the 2-yrs.

The immigration personnel saw both the J-1 and B-2, but stamped the B-2 after questioning me.

My sister (a citizen) filed an I-130 petition for me on Feb, 2001. On the petition I included my wife and children. Only one child is still eligible, my daughter, who just turned 18 yr-old.

The petition was approved finally approved recently and I have submitted an I-485 application to adjust my status along with my daughter. I am wondering if I will have to leave the country or not? My lawyer informed me that I would have to apply for a waiver. How difficult is it to get a waiver? Seeing that I served part of the 2-yr requirement, will I still be required to return to my country and serve out the remaining 17 months?

It sounds like you never left the US and have been illegally present since your entry on the B-2 visa and have been illegally present since the date of that I-94. Is this the case? If so, you cannot adjust status in the US and are banned for 3/10 years once you leave if this illegal presence exceeds 180 days. If you are outside the US but not in your home country, you must still do the HRR or get a waiver.

Siblings do not have illegal presence forgiven.