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J-1 visa to AOS, please

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  • J-1 visa to AOS, please

    hi,

    I need help!
    Does anyone know how to apply for AOS when you have been a J-1 visa holder and not complied with the two year foreign residence requirement?

  • #2
    hi,

    I need help!
    Does anyone know how to apply for AOS when you have been a J-1 visa holder and not complied with the two year foreign residence requirement?

    Comment


    • #3
      If you have the 2yr. home residency requirement, and if you want AOS, you will need to find out if your home government/embassy offers a waiver.

      My home government/embassy issued a "No Objection" on my behalf to the State Department when I applied. This statement basically states my country has no problem with me staying here nor will they need me to go back.

      There are other waivers that you can also look into as well, like hardship, persecution...etc. Check out the State Dept's site at www.State.gov and you can see your options concerning J-1 visas.

      To my understanding and from what my lawyer tells me, J-1 holders having 2 yr home residency requirements must resolve this residency stipulation first prior to AOS. Good luck!

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      • #4
        He is not subject to the home residency as per original post.

        On what basis do you want to change status, is it to become a student, are you getting married, working?

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        • #5
          He is not subject to the home residency as per original post.

          On what basis do you want to change status, is it to become a student, are you getting married, working?

          http://members.lycos.co.uk/usimmigra...dex.php?page=2

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          • #6
            He said he hasn't complied with the 2 year residency ....to me that seems to mean that he does have that requirement but has not gone back yet.


            Max, is there another name for that No objection letter?



            http://members.lycos.co.uk/usimmigration

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            • #7
              I understood it as him saying his J1 did not comply to the 2 yr residency.

              He would have to apply for a Waiver. It isnt very easy to get a J1 waiver.

              But still on what basis does he want to change status, is he getting married? This wouldnt take the 2 yr res away, but then he can go and prove hardship.

              Marie - I havent heard of another name for the 'no objection' letter.

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              • #8
                Hi,

                - Yes I am married.
                - I've heard it is difficult to prove exceptional hardship to USC spouse.
                - Do I have a better chance with " no obligation" letter to comply with my government?
                - My IAP-66 states that the "program sponsor has not receiveing for international exchange from one or more US Government agency(ies) to support" me as exchange visitor.
                I was an Aupair, which means that I received a stipend from the host family.

                Thank you so much for your answers and comments.

                Comment


                • #9
                  cafrine,

                  It looks like you're probably be better off applying for a "No Objection" statement from your embassy. Your situation seems very similar to mine in that neither of us are/were sponsored by the host nor home government agencies.

                  Find out from your embassy if they issue "No Objection" statements and apply for it. If approved, your embassy will send the statement on your behalf (you can't send it yourself) to the State Department. You need to of course apply for the waiver w/ the State Dept. once you find out if your government issues "No Objection" statements.

                  From what my lawyer told me, there is almost a certain chance the State Dept. will give a favorable recommendation for a waiver if your home government issues you the "No Objection" statement. I've also been told there really is no other way of going around this residency requirement other than to get it resolved first before AOS.

                  If you're real worried about this, consult a competent attorney. This will give you peace of mind knowing what you can and cannot do. Good luck

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                  • #10
                    http://discuss.ilw.com/eve/forums?a=...1&m=2316070342

                    Comment


                    • #11
                      Thanks Sync.

                      I met someone who had a 2 year requirement and they went to her home country. I don't think they tried to get that waiver though.

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