When you are ready to create your justification principle, click on the «Visa Waiver Declaration» link on the online Visa Waiver website We suggest that you write the declaration in advance and prepare it to copy and paste into the online form. The form will first ask you for personal information and then ask you to enter your justification. When you are finished, be sure to attach the printed rationale to the Recommendation for Variance request package described in STEP 2. Exchange visitors who wish to receive a waiver of 212(e) must request a waiver without objection. This exemption can be obtained if the government of a person of nationality – or former residence – submits a statement to the Ministry of Foreign Affairs stating that it has no objection to the requirement of J-1 visa holders to return home. If a J-1 visa holder is employed by a government agency in the United States, that agency will most likely be the organization that will apply for this exemption. If the J-1 visa holder is not employed by a government agency in the United States, the agency most directly involved in the J-1 visa holder`s work will apply for this exemption. Even before the USCIS makes a final decision on your case, you can use your copy of DOS`s waiver letter of recommendation to apply for a change of status in the U.S. to the categories of temporary workers (H) or intra-company transferees (L), or to adjust status in the U.S. to a lawful permanent resident.
USCIS will process this by first ruling on your waiver request, and then when it approves the waiver, issues a waiver notice, and decides on your change of status or adjustment of the status case. The applicant must begin this process as soon as possible. usCIS (formerly INS) processing times can be long and government offices in each country can also be slow to respond to requests. If the waiver is not obtained and no new status is requested before the end of the J training period (and in most cases approved by the USCIS), the person will likely have to leave or will be classified as not without status and may have difficulty moving to a new status. A Michigan attorney could help a plaintiff get a waiver of the J. Call today to get started. However, it may be possible for a J-1 visa holder to obtain an exemption from the foreign residency requirement. This is an area of immigration law in which Tadmor & Tadmor operates very frequently. We have submitted countless applications for J-1 visa waiver for residency abroad based on one of five possible circumstances: Call me, Kaushik Ranchod, at (916) 613-3553 between 9:00 a.m. and 6:30 a.m.
and say, «Tell me about the immigration process for foreign medical graduates and what your company can do, to help me.» or email me firstname.lastname@example.org to get your free copy of my book. VisaNation Law Group`s J-1 visa lawyers provide comprehensive advice to J-1 applicants and can help you choose the most appropriate program based on your area of expertise and experience. Our firm focuses solely on immigration law and, as a result, we provide businesses and individuals with reliable information and insightful advice on a wide range of immigration issues. Our lawyers, led by two nationally recognized immigration lawyers, have over 25 years of collective experience in the practice of immigration law. In addition, it can be argued to USCIS that the two-year requirement should not have been applied in the first place. Too often, embassies mistakenly apply the two-year requirement. In some cases, it can be demonstrated that no waiver is required and that the two-year obligation is not applicable. The most common waiver is based on a «letter of no objection» issued by the foreigner`s country of origin. Although each country has its own procedures for obtaining a J waiver without objection, there are joint steps to obtain this letter and submit it to the U.S. Department of State. A Michigan attorney could review a person`s case and determine if they are eligible to apply for a J waiver.
However, the rejection of the USCIS does not prohibit you from applying for an exemption based on one of the other categories (family difficulties, fear of persecution, or a request from an interested U.S. government agency). If none of them match your situation, you must meet the requirement of two years of physical presence in the country of origin before applying for any other immigration status. J waivers can be requested under several conditions: if there are exceptional hardships for a U.S. citizen or legal permanent residence, his or her spouse or child; if there is a fear of persecution on the part of the applicant upon return to his or her country of origin; if a letter is received without objection from the applicant`s government of origin (does not apply to foreign medical practitioners); whether an interested U.S. government agency certifies that the applicant`s stay in the United States is in the public interest; or, if the applicant is a foreign doctor and a state ministry of health requests the waiver. To find an experienced J-1 visa-free lawyer, contact VisaNation Law Group by phone or email. Their immigration lawyers have been handling complex cases for years. If USCIS rejects your waiver request without objection, you may not appeal or ask USCIS to reconsider its decision. DOS also prohibits you from submitting a new application in the «No Objections» category.
In most cases, the J visa holder must first submit an application for a technical sheet and application fee to the Ministry of Foreign Affairs, as well as other required documents and information, thus creating a log file for the J visa holder. .