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J1 WAivER


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#1 Adrienne

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Posted 24 November 2010 - 10:34 PM

Hi!! Has anyone of you experienced or knows anything about J1 waivers? I am currently in J1 visa and I am 5 months pregnant and recently married to an american citizen. I have a 212 rule, which means i need to go back to the Philippines for two years which I am going to waive now. My visa ends on March 2011, with a grace period til April 2011. Thanks!!!!

#2 rbacon

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Posted 24 November 2010 - 11:31 PM

The most common J1 wavier basis is "humanitarian," grounds, i.e., that your family here would suffer catastropic difficulty if you left the U.S.

USCIS is not sympathetic to J1 wavier requests for family reasons such you you are most likely to use.

It's possible that an immigration attorney specialist with solid experience in obtaining these waivers might succeed with your goal, but it will cost, and there are no guarantees.

I tried to obtain one for a friend with similar circumstances as your's, and it was denied. Normally, I am pretty successful with these types of procedures, but this really made me lost respect for USCIS flexibility.

--Ray B


QUOTE (Adrienne @ Nov 24 2010, 05:34 PM) <{POST_SNAPBACK}>
Hi!! Has anyone of you experienced or knows anything about J1 waivers? I am currently in J1 visa and I am 5 months pregnant and recently married to an american citizen. I have a 212 rule, which means i need to go back to the Philippines for two years which I am going to waive now. My visa ends on March 2011, with a grace period til April 2011. Thanks!!!!



#3 Adrienne

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Posted 25 November 2010 - 12:06 AM

QUOTE (rbacon @ Nov 24 2010, 05:31 PM) <{POST_SNAPBACK}>
The most common J1 wavier basis is "humanitarian," grounds, i.e., that your family here would suffer catastropic difficulty if you left the U.S.

USCIS is not sympathetic to J1 wavier requests for family reasons such you you are most likely to use.

It's possible that an immigration attorney specialist with solid experience in obtaining these waivers might succeed with your goal, but it will cost, and there are no guarantees.

I tried to obtain one for a friend with similar circumstances as your's, and it was denied. Normally, I am pretty successful with these types of procedures, but this really made me lost respect for USCIS flexibility.

--Ray B


I had started application already and the agency helping with a few steps on how to do it which is I applied for No objection letter from the phillippines and I heard its not very hard to do and mostly gets approved. Do you know anything of the No objection waiver basis tha tyou can tell me bout? thanks!

#4 Ampalaya

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Posted 25 November 2010 - 01:39 AM

QUOTE (Adrienne @ Nov 24 2010, 12:34 PM) <{POST_SNAPBACK}>
Hi!! Has anyone of you experienced or knows anything about J1 waivers? I am currently in J1 visa and I am 5 months pregnant and recently married to an american citizen. I have a 212 rule, which means i need to go back to the Philippines for two years which I am going to waive now. My visa ends on March 2011, with a grace period til April 2011. Thanks!!!!


Why can't you file a I-130 and I-485 and adjust status?
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#5 rbacon

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Posted 25 November 2010 - 02:29 AM

I doubt that it will be that simple. USCIS rules are not normally waived by a form letter from the applicant's original country (but I could be wrong).

On the other hand, if you provided compelling health or potential family "disaster" evidence, you might have a better basis..

--Ray B


QUOTE (Adrienne @ Nov 24 2010, 07:06 PM) <{POST_SNAPBACK}>
I had started application already and the agency helping with a few steps on how to do it which is I applied for No objection letter from the phillippines and I heard its not very hard to do and mostly gets approved. Do you know anything of the No objection waiver basis tha tyou can tell me bout? thanks!



#6 rbacon

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Posted 25 November 2010 - 02:32 AM

Ampalaya,

Though many of the nonimmigrant visas can be converted to Green Card status, a few cannot. "C" visas, ship crew, cannot be converted. J1 visas, if of the type requiring absence from the U.S. for at least two year after completion, is another non-convertable visa type.

There is a booming immigration attorney business in seeking waivers from the "no-convert" rule. Success in obtaining a waiver has more to do with the experience of the attorney than with use of simple forms.

--Ray B

QUOTE (Ampalaya @ Nov 24 2010, 08:39 PM) <{POST_SNAPBACK}>
Why can't you file a I-130 and I-485 and adjust status?



#7 Adrienne

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Posted 25 November 2010 - 03:05 AM

QUOTE (Ampalaya @ Nov 24 2010, 07:39 PM) <{POST_SNAPBACK}>
Why can't you file a I-130 and I-485 and adjust status?


sad, but no i can not. I can start the process but they will put my status in pending/or return all my paperwork beacuse of the waiver.

#8 MrkGrismer

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Posted 29 November 2010 - 04:01 PM

QUOTE (Adrienne @ Nov 24 2010, 07:06 PM) <{POST_SNAPBACK}>
I had started application already and the agency helping with a few steps on how to do it which is I applied for No objection letter from the phillippines and I heard its not very hard to do and mostly gets approved. Do you know anything of the No objection waiver basis tha tyou can tell me bout? thanks!


From what I have read it really depends on the nature of the J visa exchange program, some of them depend more on the originating country and some depend more on the U.S. It is certainly worth a try.


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