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  • How to get back to the USA, loads of questions

    This is my current situation

    I visited the USA on a J-1 visa from January 15th to July 3rd 2007. It was my first time to the USA. I hold an Irish and South African passport. I was born in South Africa to Irish parents.

    My J-1 visa has a two year home residency requirement on it, to reside in the UK as this is where I was awarded my scholarship to go to the United States (I assume I have to reside in the UK).

    My J-1 visa was sponsored by the UK government, however I entered the USA on my South Africa passport having flown out of South Africa and I returned to South Africa. I studied and resided in the UK for three years at university and was awarded this scholarship after I graduated last year, June 06. I was residing in the UK when I was awarded the scholarship, however I did the interview and my visa was processed in South Africa, at the American consulate in Durban.

    I have a number of questions.

    I'm determined to get back to the USA ASAP either by studying, working or moving to the USA. I loved the place firstly and also I now have an American girlfriend. I have done a lot of research into my situation and would like to clarify what my options are.

    In my mind my process is two fold I firstly need to get around the two year residency requirement. I could then enter the USA by

    - Getting a Job (difficult, I only hold an undergraduate degree)
    - A study visa
    - Marriage
    - Green card lottery
    - Green Card sponsorship - family member (my Grandmother was born in Boston)

    Questions

    How to get a letter of no objection

    1) From my research the only way to get around the two year residency requirement is to obtain a letter from the relevant embassy and get a letter of "no objection", is this correct?

    However as I am not a UK citizen, nor do I reside there currently and the fact that I did not fly out of the UK, does this mean the two year rule does not apply to me?

    2) How difficult is it to obtain a letter of no objection from the UK embassy?

    3) What is the process of obtaining this letter?
    - Who do you write to?
    - From my research I assume you can request this letter only once, with no appeal if you are denied?
    - Who makes the decision?
    - Does the company or entity that sponsored your J-1 visa have any say in the decision to grant a letter of no objection?
    - Do you have to be in the process of returning to the United States before you request a letter of no objection? i.e. do you need an offer of employment by an American employer.
    - Would it be better if I had more stressing factors to help the granting letter of no objection e.g. Engagement to an American citizen, offer of study or employment in a field different to the field I studied on my J-1 visa, stress the fact I am not a UK citizen and I do not want to return there. How much would these help?

    Returning to America

    1) Can I study in the USA immediately? Does the two year residency requirement stop me from obtaining a study visa now?

    2) If this is possible, how difficult if it to obtain a study visa? (I realise this is a difficult question and may be rephrased how difficult is it to get into an American university).

    3) In regards to getting green card through the green card lottery programme:
    - Can I apply as an Irish citizen rather than a South Africa (as I was born in South Africa)?
    My thinking behind this is that as an Irish citizen I will stand a better statistical chance as there will be fewer applicants from Ireland in comparison to South Africa. Is there any where I could find statistics on how many applicants in comparison to places there was in previous years for each of these countries, to inform my choice?

    5) Green card through family first preference. My maternal grandmother is an American citizen she was born in Boston in 1920, and resided in Boston till the age of 8. She then returned to Ireland and never lived in America again. My Mother was born in Ireland in 1953 and never lived in America.

    From my research I understand that since my grandmother did not live in the United States for five years after her 16th birthday she can not pass on citizenship to my Mother. Is this correct?

    Which means my mother would have to gain a green card (rather than citizenship) through family first preference channel which will take approx six years, rather than be able to obtain instant citizenship by taking an oath of allegiance to the United States (because she does not meet the residency requirement for gaining instant citizenship from one citizen parent).
    - When my mother has her green card could she then sponsor me for my green card?
    - This would take about 12 years however? Correct?

    6) Marriage. If I was to get a letter of objection:
    - What would be the process of getting married to an American citizen?
    - How difficult would this be and what would the processing time be?


    Any assistance you could provide me with would be much appreciated.

    Thank you.

    Regards,

  • #2
    Despite all your attempts to make such a simple matter sound too complicated it still remained what it is - a simple matter (JK)

    Now, for J-1 Home residence requirements see here:

    The Two-Year Home Country Residence Requirement (From CU page)

    You can also follow the parallel thread for J-1 Home Residence Requirement highlights and INA 212(e)Waivers FAQ

    Next:

    1) From my research the only way to get around the two year residency requirement is to obtain a letter from the relevant embassy and get a letter of "no objection", is this correct?
    However as I am not a UK citizen, nor do I reside there currently and the fact that I did not fly out of the UK, does this mean the two year rule does not apply to me?

    2 year rule does apply to you no matter where you flew from , as long as it's what you agreed to and signed on form DS-2019


    2) How difficult is it to obtain a letter of no objection from the UK embassy?
    That I don't know. You need to either contact UK Embassy or do some 'googling' on it.

    3) What is the process of obtaining this letter?
    See Here Under No Objection Statements


    Search Here - Click on one of the topics to the left of CU webpage


    3) In regards to getting green card through the green card lottery programme:
    Go to DV Lottery webpage and read instructions

    5) Green card through family first preference. My maternal grandmother is an American citizen she was born in Boston in 1920, and resided in Boston till the age of 8. She then returned to Ireland and never lived in America again. My Mother was born in Ireland in 1953 and never lived in America.
    Search and read applicable parts of Title III of INA , under Nationality and Naturalization , Chapters I and II, Section 301 through Title IV (sorry, have no time to do it in your stead)

    6) Marriage. If I was to get a letter of objection:
    - What would be the process of getting married to an American citizen?
    - How difficult would this be and what would the processing time be?
    davdah may answer you on this

    Any assistance you could provide me with would be much appreciated.
    None of the above should be considered a legal advice .I am not an immigration attorney.

    For legal assistance contact licensed immigration law practicioner.

    Good luck

    Comment


    • #3
      ...what part of the two-year home-residency requirement don't you understand?

      If you didn't want to adhere to the terms of your visa, you should have had the decency not to accept the opportunity that you were given.

      Also, remember...no matter how may passports you have, you only have one set of fingerprints...and USCIS has a copy of those.

      Enjoy your two-year stay overseas.

      Comment


      • #4
        "if you didn't want to adhere".

        I did not go to the USA with the intention of not adhering to my visa.

        My loyalty or decency to a country that is neither my home nor the country of my blood unfortnantly is not great enough that I will not try my best to return to the USA sooner than two years.

        Comment


        • #5
          Originally posted by SomethingHasGottaGive:
          "if you didn't want to adhere".

          I did not go to the USA with the intention of not adhering to my visa.

          My loyalty or decency to a country that is neither my home nor the country of my blood unfortnantly is not great enough that I will not try my best to return to the USA sooner than two years.
          Bt a Country you were very hqppy to take money from.

          You cold at least have the decency to return it.

          Comment


          • #6
            so many of these J1 scumbags refuse to adhere to the promises they made when they lied to get their visas...suddenly they have 1001 reasons why they shouldn't have to go back to their country, as PROMISED and give their country the benefit of their lies ,...er, experience....whine whine whine....pay the price...you agreed to the 2 year rule.....make good on your word or you are nothing more than a thinly disguised illegal alien dirtbag.

            Comment


            • #7
              SomethingHasGottaGive: You're truly a worthless individual. I'm not too surprised, of course, given your apparent family history. Your grandmother was an American, your parents are Irish, but immigrated to South Africa...you have two passports (Irish and South African), but live in the U.K., evidently against your will - despite the fact that you willingly accepted their generous assistance with your education.

              Now, you intend to try everything you can to overcome your legal obligations, so that you can continue your family's long-held propensity for country-shopping. What makes you think that America wants you here? WE DON'T WANT YOU HERE!! You have ZERO moral integrity, and are truly worthless.

              Comment


              • #8
                Originally posted by SunDevilUSA:
                SomethingHasGottaGive: You're truly a worthless individual. I'm not too surprised, of course, given your apparent family history. Your grandmother was an American, your parents are Irish, but immigrated to South Africa...you have two passports (Irish and South African), but live in the U.K., evidently against your will - despite the fact that you willingly accepted their generous assistance with your education.

                Now, you intend to try everything you can to overcome your legal obligations, so that you can continue your family's long-held propensity for country-shopping. What makes you think that America wants you here? WE DON'T WANT YOU HERE!! You have ZERO moral integrity, and are truly worthless.

                I tried my best to avoid being judgemental, but you made some good points about OP there that any reasonable person would find hard to disagree with.

                Perhaps laws should be modified to reflect those concerns.

                Comment


                • #9
                  you sudevilusa you are an ******* for 250% and moron for 579% go get some medical help moron!


                  Originally posted by SunDevilUSA:
                  SomethingHasGottaGive: You're truly a worthless individual. I'm not too surprised, of course, given your apparent family history. Your grandmother was an American, your parents are Irish, but immigrated to South Africa...you have two passports (Irish and South African), but live in the U.K., evidently against your will - despite the fact that you willingly accepted their generous assistance with your education.

                  Now, you intend to try everything you can to overcome your legal obligations, so that you can continue your family's long-held propensity for country-shopping. What makes you think that America wants you here? WE DON'T WANT YOU HERE!! You have ZERO moral integrity, and are truly worthless.
                  never give up!

                  Comment


                  • #10
                    Originally posted by SunDevilUSA:
                    you have two passports (Irish and South African), but live in the U.K.
                    Ireland is part of the U.K.

                    Dual citizenship, anyone?
                    **************************************
                    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

                    Comment


                    • #11
                      Aroha: With all due respect, you're incorrect. Ireland is an independent country, and is most-definitely NOT a part of the United Kingdom.

                      Comment


                      • #12
                        Robert777: I think that you need to spend a lot of additional time at your English-as-a-Second-Language class.

                        Comment


                        • #13
                          Originally posted by SunDevilUSA:
                          Aroha: With all due respect, you're incorrect. Ireland is an independent country, and is most-definitely NOT a part of the United Kingdom.
                          You are quite right. It technically isn't. However, the distinction is just that, a technicality. An Irish passport holder has no problems traveling between his/her home country and another UK country and vice versa.

                          The OP didn't specify exactly what part of the UK he was living in, and frankly, the fact that he holds dual citizenship is negligible. He's here asking for legitimate advice on his situation. He's not in the USA, he's not an illegal, and I'm starting to get the distinct impression that certain parties that respond are anti all immigration and not just illegals.
                          **************************************
                          The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

                          Comment


                          • #14
                            Something,

                            Marrying a US citizen, applying for the DV lottery, etc. will NOT protect you from having to comply with the foreign residence requirement. BEFORE you can apply for any type of GC status you are going to have to prove that you have an approved I-612 (waiver of foreign residence requirement). Not that you filed or one is pending but that it was approved at the time of filing. The only way to get the I-612 is to follow the steps that Rational outlined.

                            Comment


                            • #15
                              You are quite right. It technically isn't. However, the distinction is just that, a technicality. An Irish passport holder has no problems traveling between his/her home country and another UK country and vice versa.
                              Technically?

                              They could equally easily travel to France or Poland or even the US. Odd definition of nationality.

                              The OP didn't specify exactly what part of the UK he was living in, and frankly, the fact that he holds dual citizenship is negligible. He's here asking for legitimate advice on his situation. He's not in the USA, he's not an illegal, and I'm starting to get the distinct impression that certain parties that respond are anti all immigration and not just illegals.
                              Does not matter what part he is living in, he said he was Irish/S African living in the UK and sponging off the UK system.

                              The US aspect is something else.

                              Comment



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