How to waive Section 212 (e) - Two-Year Home Residency Rule
ฝัง
- เผยแพร่เมื่อ 12 ส.ค. 2020
- My immigration story on how I waived Section 212 (e) which refers to Foreign Residence Requirement or two year return to one's home country.
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Timestamps:
2:30 - What is the Two-Year Home Residency Rule or Section 212 (e)?
2:54 - What are the main basis to Waive the Requirement?
6:14 - No Objection Statement Basis - My i-612 Application to Waive Foreign Residence Requirement
10:52 - i-612 Approval Notice
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- Useful link to find your Basis on Waiving section 212 (e) :
travel.state.gov/content/trav...
- check the status of your case: egov.uscis.gov/casestatus/lan...
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Let me know if you have any questions and curiosities about the process I have followed to obtain my work authorization, full documents package, the life in an international marriage with a US citizen, how I have obtained my F1, J1, B2 visa, 212 E waiver or how I was managing my time and activities while waiting for the approval of my EAD (Employment Authorization Document).
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Thank you so much for watching my video!
~ Laura
I watched your video this past weekend about your interview experience and the questions you were asked during your greencard interview. It really helped make us less nervous for my wife's interview on monday. The interview went great and she passed within 20 minutes. Thanks for the great content! Keep it up👍🏻
Glad that we could be helpful and Congrats to you and your wife!!🎉🥳 So happy to hear successful stories 😃 Thanks for watching!
Thank you so much! I really appreciate it! Is there a possibility of the J1 being canceled during the waiver process? Do you know anything about that? You started your process at beginning …
Thank you so much
It was Brilliant so helpful .Tank you so much.Be Blessed
I am glad it was useful, I was eager to find this Lind of information when I applied back in the day. Good luck 🍀!!
Hi Laura,
I have used a J1 visa for two times now. The first one was on a Work&Travel program and the second one, for an internship during (march 2020 - march 2021). I did not realize I had this 212 (e) rule while I was in the states. Now, that I want to come back to the states as a J1 again, and after a year I noticed I have this rule. Am I still eligible to waive this 212 (e) rule? I understood you made this process while you were in the United States. In my case I do not have an employer designated yet for me to have this letter support saying they need me, as they did with you.
What happen if the j1 person waiver is approved and they forget to put the j2 on
Hello, Can I apply for a J1 waiver five months before my DS 2019 expires?
I heard in your video that I will need a no-objection statement from my home country. I sent an email to the embassy of Peru located in Chicago and New York asking about that letter and they replied that I should start with my application after my internship ended. :(
Thank you for the information is very valuable, what I can do if my employer doesn't want to write a letter for me. They said is too early to request that but I know that the process takes a while. Is there another thing I can do to support my No objection statement?
Thank in advance for your help
hello fatima, what did you do? did your employer help you or did you get the waiver?
Thank you for sharing ❤❤❤
Thanks for watching!
Thanks so much for the video. very helpful. i am filling out the DS-3035 on the Department of State
website. One of the question says ''is there any period of time in the US which is not covered by the form DS-2019?'' I entered the US on the j1 visa just 1 day before the start date and exited 15 days after the end date on the DS-2019. So please should I answer ''Yes'' or ''No'' to that question?
If the dates weren’t covered by your DS-2019 your answer would be a ‘yes’. You have the option to explain exactly the situation in the observation sector the form.
Awww thank you! We appreciate your channel! it’s a great resource ❤️
Sure!! Thanks for watching guys!!!🤗🤗🤗
Thank you for the great content!!!!!! I am in a similar situation as you have been in, however I am having some trouble in structuring the no objection statement could u assist me please?
Good luck Demmoy! Unfortunately I am not an attorney thus I cannot assist in preparing the documents. Try reaching out to a local immigration attorney.
Hi, thank you very much for the information, does it apply if I have a B1 VISA at the same time that I have a J1 exception?
If you are subject to section 212 e and you haven’t waived it yet, yes, you are subject, no matter what visa you have.
The only form that needs to be filled out is the one on DOS website?
What about the form I-612 on USCIS website?
I am trying to submit a waiver for Exceptional hardship.
The application for waiving the two year home residency rule is I-612 so yes, you will have to fill that out.
Thank you for your video. After coming back from the US (with J1 visa), we are supposed to stay in our home country for at least 2years, right? But does it mean that I could not apply for any type of visa from any county within 2 years of my return or only visa from U.S?
Thanks for watching! The restriction applies only for the US territory. You can apply for a visa to any other country while you wait for your restrictions to pass.
@@emigratingtoamerica3360 does it mean i can work in other countries for 2 years and then the 2 years restriction at the us will be over?
Hi Laura! Great video. I have a question, if I have a B1/B2 visa but I made an internship and came back to my home country but I have the section 212 (e), what happens with this two year rule if I wanted to get marry ?
Even if you get married, the rule will apply and you have to wait for 2 years before entering the US. The only way to remove the section is to apply for a waiver.
@@emigratingtoamerica3360 but even though I get married in my home country, I can still wait for the two years and entering to the US when I want using my B1/B2 visa for vacations, correct ?
God bless you
I am in US right now on J1 visa on a exchange program funded by US govt. which expires on May7, I want to go back to my country for a few months and then come back as a company wants to have me working for them. Its a reputed startup company and is willing to sponsor my VISA to come back and work for them. Is this possible? How can I make this happen?
Sounds like could try waiving on no objection statement basis. Check if you qualify and use i-612. The startup can write a letter to give your request more weight.
Remember: applying sooner rather than later it’s always best. Good luck! 🍀
Kindly advise,
My visa and DS 2019 say I'm not subjected to section 212 but every j1 from my country have it, so should I assume it and just waive it off or i should be confident with what my visa and DS visa says
Tia
Usually what visa and DS show, is what the final verdict is. However, there might be special regulations in your country that I personally haven’t heard before so just to be sure call USCIS and ask this question just to be on the safe side. If the section does apply to you, you will thank yourself years down the road for taking care of it. Let us know!
Me gustaría que me respondieras algunas preguntas sobre esto, podrías facilitarme alguna información de contacto ?
What if the US is the one funding my six week training? Do I still need to writer the no objection statement to my Home country embassy??
Please, answer me as no one is answering this :( 😞
If the US is funding and not your own government, I don’t see a problem. You would still need to send a request to your country of citizenship.
Hello. Thanks for this helpful video. I am a j-1 visa holder. I was issued a visa valid for 5 years while my program takes only 2 years. Do you think I can go back home after the completion of my program, fulfill that 212 section and then go again to the US with the same j-1 visa ? If not, what's the utility of a visa whose validity is longer than the program duration ? Thanks.
Hi Kamal. There might be more information that caused the agent to grant you a visa for a period longer than your program duration. Otherwise it might have been an error on the part of the agent. Have you received any explanation?
@@emigratingtoamerica3360 Well, the consul didn't provide any information.
Hi, i am coming to US for an exchange program starting January to April 2023. Is it possible to waive the two year residency requirement under no objection statement?how long does it take to be waived?Many thanks from Kenya
Congrats! In my case I have received the approval 2 months after I have submitted the application. It goes a lot faster if you apply for the waiver in the US.
Hello! I'll like to connect with you. I'm trying to do a waiver for my 212 as well. Were there other reasons you stated in your application asides that you home country's government does not need you?
No other reasons for me. I went with the ‘No objection statement’ route and that by definition means your gov has no objection in you not returning home.
@@emigratingtoamerica3360 many thanks
Hi thankyou in advance for your answer, I am a UK citizen, is no objection statement option possible, ? The document you showed says it's not an option for applications after1977
You can check your eligibility here travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/eligibility.html
Thank you
How did you send your documents and the payment? I have to send it but i don't know how. Please help me
on travel.state.gov. Look at STEP 2 travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/how-to-apply-waiver.html
Dear friend I am going through the same procedures as you did. Is there anyway I can contact you and get help from you 🙏 I am struggling and I really need some help. Please
Thank you for watching my video Semura and yes! Email me at oceanspicelv@gmail.com with your questions and I will let you know my opinion. Please mind I am not an attorney and you should not take my advice more than just an opinion but I will gladly share my experience, I hope it helps!
Heyy
I have a question. How to get know that you are a 212 e residency rule?
Check your passport it should say at the bottom of the visa page.( if you are subject )
I had my green card interview Dec 9th and the office tole me that i was subjected to the two year rule in 2017 but i wasnt in 2018 and 2019. She asked for my DS for that year but I didnt have it so she said she will look into it and told my husband that we should watch out for mails. now i am thinking to request a waiver while waiting jut incase they send me a RFE. Thanks for this video.
Hi Tally, I am so sorry! You don’t have any documentation to show the dates you were subjected to 212 E? If you do, can you prove you have respected the terms of the rule?
@@emigratingtoamerica3360 The immigration officer approved my GC so I guess I was in good standing 🎉
Great news, congrats! 🎉 were you outside of the US in that time period of two years?
@@emigratingtoamerica3360 I was in my home country September-April of each year as I was a J-1 2017-2019 of each summer
@@emigratingtoamerica3360 I also did an inquiry to see if I needed the waiver and I didn’t. So it was a mistake on their end because the government didn’t pay for my studies neither my job position wasn’t on the skilled list.
Great video! I'm subjected to 212E and I'm apply for F1 visa for my master's. Can you help me on when to apply for this waiver? Should I start applying when I enter US again in my F1 visa?
Congrats! Check out the requirements and see if you qualify for the waiver. If you do, I would start applying as soon as I would enter USA.
@@emigratingtoamerica3360I would like you help me I’m already here
Hey! Did you apply for F-1 while subject to 212-e?
@@alishamajeed1069 yes I did
Hi, I already did my waiver and got a NO letter from my country but now they are asking for a DS-2019 from the past and I cant find it, my sponsor sent a letter but the DOS says that is incomplete, what can I do? Can I do my green card process anyway? Thank you!
hola karina, did you success in getting your waiver?
Hi karina if you can share your experience, that will be helpful :) thank you
Can physicians who trained in the USA waive using No Objection Statement?
If you trained in the US and were granted any scholarship from the US or if you received any govt grant here, you are most likely not going to have your no objection statement approved. Check if any of the other bases can be applied to you.
@@emigratingtoamerica3360 thank you
What if I have no family member in USA and don't have much money .. can I get a green card. Or if a boy without family can live there
I myself had no family here when I first arrived and money was very tight. It was hard but worth it!
Ok then I need your help... You are the first one from TH-cam to reply to me... You are like my big sisters
Buna Laura, si eu sunt in aceeasi situatie si as vrea sa te intreb cui mai exact in Romania trebuie sa cer aceea scrisoare conform careia ministerul romaniei nu are nici o obiectie?
Hello Matei, scrisorile se cer de la Ministerul Educatiei din Bucuresti, Directia Taxe si Impozite Locale si ultimul angajator din RO. Vezi toate documentele aici washington.mae.ro/en/node/433
@@emigratingtoamerica3360 multumesc mult pentru raspuns. Mai o intrebare. Documentele necesare pe care Ministerul Educatiei, Fostul angajator si Directia Taxe le trimite sa zicem trebuie trimise sub forma fizica sau scanate si trimise prin e-mail?
Salut, I just watched your video. Im in the same situation, Trainee j1 w 12 months. Arrived in May 2022. I still have 5-6 months until my visa expire. Im subject under section 212e. Do you think I have enough time to waive it if I start it right now? Multumesc!
Hi Gagyi, enjoy the rest of your j1 experience! You can certainly try, if you have no paperwork ready it will take longer based on the basis you are applying with. You might not receive it before your program ends but there’s no better time for you to apply for the waiver than today. Good luck!
Once you send out the paperwork, the processing typically takes a few months.
@@emigratingtoamerica3360 thank you for your response. I would like to ask also if you can answer for this question, so they need to send all of my pervious DS-2019. I do not have all of them with the stamp from the embassy, they require all DS Issued, but one of them has no stamp on it from the embassy in Bucharest, (because 1 time i changed my job due w&t and they sent it to my employer the new one when I transfered. The employer should have it in their files but no stamp on it). Do you think it is gonna be a problem to send this without the stamp or they just need DS-2019. Thanks.
@@tamlorand hey gagyi, did you get the waiver?
Buna! Incerc sa aplic pt waiver si tocmai am dat de video-ul tau. Din pacate nu am reusit sa ma lamuresc cum sa cer aceasta scrisoare de la Guvernul / Ministerul Roman. Imi poti spune te rog, cum ai procedat tu? ce ai trimis, cum? Multumesc
Am parcurs pasii descrisi pe websiteul ambasadei washington.mae.ro/en/node/433 Aici se detaliaza documentele necesare si adresa la care se trimit.
@@emigratingtoamerica3360 Hi Laura, thanks for your video. My wife is from Romania as well. We need to go through this process as well so, wish us luck. I'll share the links that you provided on this video to my wife, hopefully that will be enough but if we have questions, I'll ask her to send you a msg through this channel. Thanks again!
@@javierjuarez7819 Wonderful, good luck to your wife!
How long did it take you to get the approval?
It took somewhere around 3 months to get approved as I was required to submit a RFEs
Hi how long does No Objection Statement gets approved?
It usually takes a few months.
Salutare, sunt intr-o situație similară, pot sa am o adresa de email de la tine Multumesc frumos 🙏🏼
Can I please get your email I want to ask you some questions about the 212 how do you check for it in the DS 2019
You will know if you have been subjected by checking the visa pages in your passport. Read the bottom of the visa. If it appears there, you are subject. If not, you are clear.
How much does the j1 advisory opinion request cost?
Hi Kate, it just depends on your location and each office has a different rate. Look for an immigration lawyer in your area specialized in non-immigrant type of visas. Prior to booking the appointment make sure the lawyer is competent in J1.
Thanks
I was asking if they was any fee requesting an advisory opinion for j1 not the waiver itself
just finished my 2 year home residency rule what can I do now?
Oh, great! Now you are free to apply for a re entry with any type of visa. Congrats!
@@emigratingtoamerica3360 If I had stayed in my country and fulfilled the 2 year home residency rule, do I still need a waiver or certificate or any sort to apply for a H1B?
No need, just take with you to the interview the passport to show the visa date and the DS-2019.
@@emigratingtoamerica3360 Thank you! this is very helpful.
in my case, my 2-year stay was accumulated over the past 10 years, in and out of my own country which added up to the two years. I wonder would that be creating complications for the officer when I show him/her/them during my H1Binterview?
Dear Friend Laura,
I've watched your video, and I am going through the same procedures that you did. Could I contact you and get some help?
Thank you so much
Thanks for watching my video! I would recommend contacting an attorney in your area for specific professional advice on your case. I am not an attorney thus have no authority to advice any further.
@@emigratingtoamerica3360 thank you
Would you please share a copy of your letter requesting the No Objection Statement to your country?
My home country is requesting me a copy of an agreement from an institution from home saying that I will provide my services for at least 2 years, which it doesn’t make sense because I am requesting a letter two waive the two years home rule. I was not sponsored by any government when I came with my J-1 visa.
hi ley, did you reques the No objection statement to your country?
@@min1549 Hi! Yes I did, it delayed my process for a year. I had to do an agreement with a NGO from home and support the NGO for two years. Since I love serving others I had to make sure to find an institution where I can fee comfortable and happy to serve other. Community focus mainly. Once I got the agreement, I went to DC and visited personally the Embassy to apply for the NOS, brought all the requirements (documents of support) and my embassy gave me an answer in 15 days.
Hey there, I send an email to you asking something about it. I’ll be pleased if respond me there. Lol
Tks
So you came to usa by j1 visa?
Initially, yes. Back in 2011. I did J1, J1 Intern, B2 and F1
hey laura, do you have insta? or an email where i can ask you about this j1 visa thing? I have not applied yet but seeing this 212e requirement comes with it I am doubting if getting an internship will make any career progress come to a brick wall when comes to job opportunities that might come long term..
Hey I watched your video and I love it. I would like to have a conversation with you. Please let me know how i can contact you.
Hi Jermoe, thanks for watching! 😊
Can you provide me with a email address please so I can contact you?