Q: Can I apply for a green card and 2-year home requirement waiver at the same time without legal consequences?

A: Technically, you can apply for both together. However, it is highly likely that USCIS will issue a Request for Evidence (RFE) regarding the fulfillment of the two-year residency requirement. In response to this RFE, you will need to provide evidence to demonstrate compliance with or an exemption from this requirement. Since the RFE will have a limited response time and the process of obtaining a No Objection Certificate (NOC) often takes longer, filing prematurely could be counterproductive. For this reason, it is advisable to initiate the NOC process first and apply for the I-485 when you are nearing the final stages of securing the NOC.

A: While you can technically submit both applications simultaneously, doing so may raise concerns with USCIS about your immigrant intent, potentially complicating your J-1 status and waiver application process. It's generally safer to obtain the J-1 waiver approval first before proceeding with your green card application.

Regarding waiver applications, you must select one primary basis for your waiver request - either non-objection statement or extreme hardship. However, you can include supporting documentation that demonstrates multiple grounds for approval, which could strengthen your case. If your initial waiver application is denied, you can submit a new application based on different grounds.

For the best chance of success, consider starting with the non-objection statement waiver since it's typically processed more quickly and has simpler requirements. If that's unsuccessful, you can then pursue the extreme hardship route, though this will require substantial documentation to prove that your U.S. citizen or permanent resident spouse or child would face exceptional difficulties in your absence.