The J-1 Visa Waiver

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LarrySpencer

Guest
Ok....before you say, "What in the heck did you do that for?", "Why didn't you just do it before she left", or the perverbial, "Not a snowball's chance in hell" - which I have grown to expect from you bunch of lugs. Let me pose a question - after my preamble - I call it that because they are always so stinking long.

After receiving a J-1 visa for a scholarship paid for by American tax dollars, my wife (not at the time) studied in the U.S. We married (secretly) in July, just prior to her returning to the DR, without filing any paperwork at the time for her return - and because you're going to ask or make a comment - it's because she wanted to receive her degree and certificates for completing the porgram, didn't want to disappoint her family, and we didn't exactly have the $50,000 sitting around that the program would require her to pay back for the scholarship should she fail to return to the DR.

My wife now lives in Dajabon, where she has lived since July 26, 2005. I am able bodied, can actually feed myself, have the use of both of my legs....and obviously my hands....we do not have a child together, she is not being persecuted for her race, and the whole list of other things. The only thing that we really have going for us is that the degree she obtained wasn't on the list of needed education for her country. So, in my last ditch effort, before I pack my bags and head out there in July is to pose this question...

Does anyone know of someone who has obtained a J-1 visa waiver, or a lawyer who has succeeded in this procedure under similiar circumstances, or how to obtain permission from the dominican government for her to leave prior to completing the two years. For some reason, when I have posed the question or what kind of success rate they have had in these cases, they don't seem to want to talk to me anymore, but they sure do right up to that point when they are asking for the money. "Oh sure, send us 500 for the lawyer fee and 250 for the filing fee and we'll get it done for you!" So the question is, how should I pack my suitcase, light or heavy? Don't worry, I've spent some time in Dajabon and know what I am getting into should I stay there for any given period of time.

Don't worry, I am prepared for heavy and have the resources to make it just fine while there.
 
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LarrySpencer

Guest
Chris...

Well, thank you Chris. I pride myself on it.
 
K

Kodiak

New member
Nov 14, 2003
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Waiver

Normally it is the US State Department's "Wavier Divison of the Office of Legislation, Regualtion and Advisory Assistance" in the Visa Office that must grant the wavier for the two year foreign residency requirement after a J1.
(Sometimes refered to as the Exchange Visitor Waiver Review Divison)

Some waivers can be granted by using a 'no objection' letter from the home country, but there are a lot of regulations that bar its use, especially if her training was at the graduate level, or for medical training. Usually the waivers are granted using a state or federal agency request.

I would look up any information on the State Department's Visa Office website, and also on the USCIS's site.
 
L

LarrySpencer

Guest
Kodiak said:
Normally it is the US State Department's "Wavier Divison of the Office of Legislation, Regualtion and Advisory Assistance" in the Visa Office that must grant the wavier for the two year foreign residency requirement after a J1.
(Sometimes refered to as the Exchange Visitor Waiver Review Divison)

Some waivers can be granted by using a 'no objection' letter from the home country, but there are a lot of regulations that bar its use, especially if her training was at the graduate level, or for medical training. Usually the waivers are granted using a state or federal agency request.

I would look up any information on the State Department's Visa Office website, and also on the USCIS's site.
Click to expand...

Thanks Kodiak. However, I've been all over that thing MANY times. There's nothing there that really helps me. What I really want to find is someone who has accomplished this or a lawyer who has had success at it. I've talked to several about it and they say "Oh yes, we specialize in that." Then I ask them for their stats on it...How many waivers have you claimed, how many have been successful, etc. They usually shut up at this point and realize that I'm not just some sucker who's money they can take.
 
K

Kodiak

New member
Nov 14, 2003
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Wavier policies

Waviers are tricky, and I'm not surprised that you can't find anyone with a track record in these. Every waiver needs the approval of at least 3 US Agencies, and there is no one with enough pull or connections to promise a successful waiver. In fact, anyone promising such a result faces sanctions from EOIR.

You have probably visited
http://travel.state.gov/visa/temp/info/info_1294.html

Here is some information paraphased from a DHS Manual that adds to that information:

There are 5 grounds for waiver:

1. No objection from the home government. The exchange visitor works directly with his/her government. The institution or the employer cannot make this request for the exchange visitor. Not available to Foreign Medical Graduates under sponsorship of ECFMG. The "no objection" letter usually is not sufficient for waiver issuance if U.S. government funds were used. The letter must go directly from the foreign government to DOS through diplomatic channels, not via the alien applicant

2.Interested United States Government Agency. The employer of the exchange visitor requests such a waiver using the procedures established by the particular agency. The alien does not have standing to make the request in his/her own behalf. If a U.S. government agency believes that the exchange visitor?s knowledge or skills are of vital interest to the U.S. and that the exchange visitor?s departure from the U.S. would be detrimental to a program of one of these U.S. agencies, then that agency may request a waiver recommendation from DOS. At educational and health care institutions, the Department of Education (DOEd) and the Department of Health (HHS) and Human Services are the most common agencies to request such waivers.

3.Persecution. The exchange visitor files this request in his/her own behalf. The employer does not have standing to file this request. An exchange visitor who can prove to DHS and DOS that he/she would be subject to persecution upon returning to the home country can be granted a waiver. These waivers require a great deal of documentation and seldom are granted.

4.Exceptional Hardship. The exchange visitor files this request in his/her own behalf. The employer does not have standing to file this request. Note that the hardship must be to a U.S. citizen or permanent resident spouse or child if the alien returns home. It does not refer to hardship on the alien. The alien must prove that if he/she returns to the home country, that compliance with 212(e) would subject a U.S. citizen or permanent resident spouse or child to true and profound hardship rather than to mere inconvenience, change of lifestyle, or a period of separation of the family. Neither unfamiliarity with the language, customs, or culture of the alien nor the inability to work or pursue a career in the alien?s home country is a basis for a hardship waiver. Neither is separation of the citizen or resident family from the alien relative, should the alien return abroad and the family remain in the U.S. This kind of cultural adjustment or separation is viewed as substantially the same as military, diplomatic, or international corporate employee families where one member is posted abroad and the family chooses to accompany him/her or remain behind. The U.S. citizen or resident is required neither to live abroad nor to live in the alien?s home country.

5.Underserved Areas" and "Conrad 20." Only the "underserved area" employer, through appropriate federal or state channels, may file this request. The alien does not have standing to file. This waiver applies only to physicians. It is not available to anyone else.

Sorry I could not be of more help.
 
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LarrySpencer

Guest
windeguy said:
We just went through a residency visa application process for my wife. We read about what was needed, got the forms, filled them out and we applied for the visa. It was not any more difficult than filling out my tax return. I won't bore you with more details on this, but we only need a document that had already been ordered from outside the DR to complete the process and be approved according to the immigration officer with whom we interviewed.

Is it possible that you can do the waiver applications yourself? Perhaps you will need someone to "expedite" things inside the DR if you need a document from the government here. Or at least, do all of the documents and have them checked by a lawyer as a check to make sure nothing is missing such as properly notarized items.
Click to expand...

Yes, I agree that this can be done without a lawyer, I just needed more information from someone regarding it. For instance, I couldn't find a single site that talked about the order in which to file the paperwork. The waiver form goes to a completely different office than the residency papers.My question when I asked a laywer was, which do I file first?

The answer was pretty easy...file them both at the same time.

My next question: But what if the waiver is denied, will the residency also be denied...his answer, no, but she will not be allowed into the country until the two years is up, but will automatically have residency.

So now I was looking for someone who was a little more crafty to help me get a successful waiver.
 
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LarrySpencer

Guest
And a further question for you....did you actually need a waiver for your wife, or just the residency. Because they are two completely different animals.
 
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