J1 No Objection Waiver | An Immigration Attorney's Guide
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- เผยแพร่เมื่อ 6 ก.ค. 2024
- A J1 visa holder requiring a J1 waiver may obtain a no objection statement by contacting the consular section of the exchange visitor’s home country’s embassy.
When the J 1 exchange visitor contacts the embassy, he or she must request a no objection letter and request that the embassy forward this statement to the Department of State’s Waiver Review Division.
Each country has unique requirements to qualify for a no objection letter for a J1 waiver. As a result, it is necessary to confirm that embassy will issue the statement before submitting the request, since not all embassies will comply with a request for a no objection letter.
If the embassy will issue a no objection letter, the J1 waiver applicant may want to consider consulting with an Immigration Attorney. Moreover, the J1 exchange visitor should note that an embassy’s processing times for issuing the no objection letter can be lengthy.
The Waiver Review Decision will evaluate whether the J1 exchange visitor meets the requirements for the waiver, and will forward the application to the USCIS for final review. Subsequent to USCIS’s approval of the waiver application, the exchange visitor may complete the Immigrant Visa (green card) or non-immigrant visa process.
DOCTORS WHO PARTICIPATED IN CLINICAL TRAINING SPONSORED BY THE EDUCATIONAL COMMISSION FOR FOREIGN MEDICAL GRADUATES (ECFMG) CANNOT APPLY FOR A NO OBJECTION LETTER TO WAIVE THE TWO YEAR HOME RESIDENCY REQUIREMENT.
If an exchange visitor’s home country does not agree to issue a no objection statement, other waiver options should be pursued. These options include exceptional hardship, persecution, or interested government agency waivers.
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How long does it take for the Department of State and USCIS to approve my waiver if my country already submitted my no objection letter to DOS?
Hi, great info from the video, mate! A question: do you think could pose any threat taking B1 visa while still waiting for No Objection Waiver, after having come back to my home country?
The B1/B2 could visa could be denied when an applicant is not able to demonstrate they will visit the US temporarily.
Hi, thank you for all video that you make a bout this, I want to know how long you can wait after your j1 end for apply for waiver?
Your welcome. There are two separate issues. In general, an applicant can apply for a J1 exceptional hardship or no objection waiver prior to expiration of their J1 program but it also depends upon whether or not an applicant is renewing their program. An applicant also needs to have a way to stay lawfully in the United States.
Hi, great info! I have a question, do you need to secure the NOS first before you can start with the DS3035?
What type of waiver are you applying for?
J1 No objection statement
@@angelicapayos5786 Did you receive government funding?
Hi, great video! I know you said you don't have a chance of receiving a J1 waiver if the program was gov funded in the first place. Say fulbright for example. Is this still the case if your home country provides a NOS?
I'm from the UK if you have any experience / knowledge regarding the UK in particular?
Thanks!
In general, it is rare to get a no objection waiver if you have Fulbright funding, even if an applicant receives a no objection statement from their home country; there are a few exceptions, but in most cases of fullbright no objection, Waiver may be denied.
Thanks for the quick reply!
In that instance then do you think the F1 is better than the J1 in terms of potential changing visa types and staying in the US after studies if the right opportunity presents itself?@@TheGreenCardLawyer
@@Toonas It depends upon an applicant's unique situation and the F-1 visa may provide more flexibility but it is not an option for everyone.
Can you make a video of j1 waiver and out of status cases
Thanks for the suggestion.
Is it possible to receive a non objection letter from my country (Kazakhstan) for the internship that I paid for myself but which is included in the skills list. Is there still a way out to avoid this rule ?
Have you contacted your country to find out if they are willing to issue a no objection statement.
Hello, thanks for this video. I’m a J1 visa holder from Philippines and a teacher in South Dakota. It’s my 3rd year this coming school year and I’m getting married to a US citizen this December.
My current DS 2019 indicates that I’ll end my contract next year June 30 (for the 3rd year).
I just wanna ask if it’s a good option to extend for another 2 years? Or I shouldn't extend and just wait for waiver?
And if I'll extend, should I apply for NOS waiver? Thank you so much!
Currently it is very difficult to get a NOS from the Phillipines. There are a number of considerations when extending the J1 waiver and you can contact our office at 916-613-3553 to discuss this in more detail.
Thank you for the information. I did submit packet to the J1 waiver review division and my case is updated in the system now. But unfortunately I just realized that I put the wrong date of first date of entry to the US on DS-3035. Is there anyway I can fix the error? Would it cause of denial my case? Thank you!
Did you use an immigration lawyer for this or you did it yourself?
I did it myself.
Please how dd u send your documents i don't understand
How can I replace the No objection letter? I'm from Venezuela, and it is impossible to obtain the letter. Is there another option?
Consider the J1 Hardship Waiver or Persecution Waiver if you are eligible for these. You must have a no objection statement from your home country to get a no objection waiver.
Thanks for the video, I applied for no objetion waiver, but I haven't got it yet and my visa j1 (teacher) is about to expire. Is there any option to extend my stay without leaving USA while I am waiting the waiver? For example filling the I- 539 or is there another option that doesn't affect my waiver process . Thanks a lot. I am from Colombia
J1 holders may be able to apply for an F1 visa and this requires consular processing.
Jj
What is the next steps after a favorable recommendation is issued?
Are you referring to the department of states favorable recommendation, or the no objection statement issued by your home country?
@@TheGreenCardLawyer DOS
Plz make video about 221g
Thank you for the suggestion. Anything in particular regarding this topic?
I nid to understand on how to write a letter of no
What country are you from?
Zimbabwe
Hi sir 🙏 what about f4 visa India
Register : 2006..March.... Sir plzzzz reply
What is your question regarding this?
Hello Sir,
I am in USA on J1 Visa, Currently working as a Trainee in Wine company, California. My Visa will expire on 31st of May 2024. If i start now, What are the chances of getting waiver till may’24?
Thank you for your comment! The chances of getting a waiver depend on various factors, including your individual circumstances, the documentation you provide, and the specific type and requirements of the waiver. It's best to consult with an immigration attorney who can guide you through the process and give you a better idea of your chances. If you would like to connect with us you can give us a call at 916-613-3553 or email us at info@ranchodlaw.com.
@@TheGreenCardLawyer Thank you for the reply Sir. I will contact you for this.
@@RahulPatil-gq7lh Your welcome. I look forward to connecting.
@@RahulPatil-gq7lh Awesome, we look forward to hearing from you.
So what if my country approves and my no objection statement is pending?
What country are you from?
@@TheGreenCardLawyer Malaysia
Did you receive US government funding?
@@TheGreenCardLawyer none from the government from my home and the united states. I pay for everything
Were you subject to the skills list?
Hi Mr. Ranchod
In my case
Department state advisory result finding is : Subject
I was j1 trainee in hospitality industry , From Bangaladesh.
Please suggest me what does it mean by subject
When an applicant is subjected to the two year home residency requirement, an applicant needs a waiver or must return home for two years.