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Thread: J-1 212(e) waiver and pending I-485

  1. #1
    Hello Everyone !

    I don't think I will find anyone on this forum who had case like mine but maybe someone will have some advice for me.

    After getting married to USC I filed all apps (05/2006), 2 months later I had my fingerprints and EAD about month after that. In 09/2006 we had our interview which was successful but I had to provide a proof that I am not a subject to 212(e) which is 2-year home residency requirement. I came to US thru J-1 Visa. On the I-485 I noted that I am not a subject to 212(e) based on attorney's advise. We didn't hire attorney for the process but I had all my applications checked before I mailed them.

    USCIS officer said that the burden to provide proof is on me and I can do so by contacting either the Exchange Program Agency I came thru or DOS (Department of State). I contacted both. The Exchange Program Agency sent me a letter stating based on all information that I gave them and their records – It doesn't appear that I am a subject to 212(e). I sent this letter to USCIS.

    Couple months went by and after contacting USCIS about my status I was informed that my case is pending "FBI name check".

    In the meantime I received letter from DOS informing me that I am a subject to 212(e) based on the skill list of my country. I researched it and found out that I can apply for a waiver based on "no objection statement" from my home government – which I already contacted.

    My I-485 is still pending "FBI name check". And I tried to find out if the letter I sent from Exchange Program Agency was sufficient but information officers at the interviewing office do not know. They are assuming it was fine and I am only waiting for the FBI name check – otherwise I would have been contacted by now. I know that I need to apply for the 212(e) waiver weather they accepted the Exchange program agency letter or not. I want to be honest – if not – we know what happens.

    My questions to all of you are:
    Once I obtain the waiver of 212(e) and send it to USCIS will they correct the I-485 and accept the waiver or will they deny it and tell my to re-file it correctly or will they deny it and start deportation proceedings?

    I have an appointment with immigration attorney in the near future but I wanted to know what would be your advice / suggestions.

    Thanks,
    Tomek.

  2. #2
    Hello Everyone !

    I don't think I will find anyone on this forum who had case like mine but maybe someone will have some advice for me.

    After getting married to USC I filed all apps (05/2006), 2 months later I had my fingerprints and EAD about month after that. In 09/2006 we had our interview which was successful but I had to provide a proof that I am not a subject to 212(e) which is 2-year home residency requirement. I came to US thru J-1 Visa. On the I-485 I noted that I am not a subject to 212(e) based on attorney's advise. We didn't hire attorney for the process but I had all my applications checked before I mailed them.

    USCIS officer said that the burden to provide proof is on me and I can do so by contacting either the Exchange Program Agency I came thru or DOS (Department of State). I contacted both. The Exchange Program Agency sent me a letter stating based on all information that I gave them and their records – It doesn't appear that I am a subject to 212(e). I sent this letter to USCIS.

    Couple months went by and after contacting USCIS about my status I was informed that my case is pending "FBI name check".

    In the meantime I received letter from DOS informing me that I am a subject to 212(e) based on the skill list of my country. I researched it and found out that I can apply for a waiver based on "no objection statement" from my home government – which I already contacted.

    My I-485 is still pending "FBI name check". And I tried to find out if the letter I sent from Exchange Program Agency was sufficient but information officers at the interviewing office do not know. They are assuming it was fine and I am only waiting for the FBI name check – otherwise I would have been contacted by now. I know that I need to apply for the 212(e) waiver weather they accepted the Exchange program agency letter or not. I want to be honest – if not – we know what happens.

    My questions to all of you are:
    Once I obtain the waiver of 212(e) and send it to USCIS will they correct the I-485 and accept the waiver or will they deny it and tell my to re-file it correctly or will they deny it and start deportation proceedings?

    I have an appointment with immigration attorney in the near future but I wanted to know what would be your advice / suggestions.

    Thanks,
    Tomek.

  3. #3
    Hello,

    I know a Polish girl who had exactly same problem like yours. Her passport was marked as she was not subject to section 212(e), however on her DS was marked that she was a subject to 212(e). She married a USC, prepared all required documents and they were checked by the person who works in a travel agency (no comment).In I-485 they marked that the applicant was NOT subject to 212(e). During the interview the immigration officer denied the case based on the information that the applicant gave false information to the government and wanted to obtain immigration benefits ('green card'). They hired a lawyer, it cost them $5,000 to fix the problem (they had to submit the application once again). Good luck.

  4. #4
    Hi Tomek,
    I originally came to the US on a J-1 visa to go to college on a scholarship. My initial visa stamp said not subject to the 2yr rule. After 2yrs, I returned home to visit and the new visa stamp I got said subject to the 2yr rule. When I tried to get an H-1b visa, I had to get a waiver from my scholarship source as well as a no-objection letter from my home government. The waiver of the requirement was granted based on those letters and I was able to get the H-1b visa. I think you have to get a waiver of the 2yr rule.

  5. #5
    <span class="ev_code_RED">Hi Kira_NJ</span>

    Would you please provide me with more info on this Polish girl case. It's funny because i am also Polish. I would like to get in touch with her. Do you know if she got everything resolved and how long it took. I am sure she needed a waiver. Please send me a private message with your e-mail or tel #. I'd like to find out more about it.

    Thanks a lot,
    Tomek.

  6. #6
    Hi Pakka,

    I just came back from Attorney's office. I know i have to get the waiver. I just hope i won't have other problems - like those described in Kira_NJ posting.

    Thanks again,
    Tomek.

  7. #7
    Hi Tomek, I am facing the same situation as yours now. I need to get an waiver and my options are either the no objection letter or by proving the hardship. I want to know what happened with you after the earlier posting? and how are you doing now? If you had the waiver, which kind did you get and what would you recommend for me? I am really praying to God and hoping to God that you see this message and reply to me. I will really appreciate your help.

  8. #8
    It is much easier to apply for "no objection" than to apply for "exceptional hardship".

    For "exceptional hardship", it is very difficult to get approval. You will need to apply to both USCIS and the Department of State. Apply directly to the USCIS on Form I-612 for a finding of exceptional hardship to an American citizen or legal permanent resident spouse or child of an exchange visitor. You must also complete Form 3035 on this website and pay the processing fee to the Department of State St. Louis address. see http://www.greencardapply.com/j1/j1_faq.htm

  9. #9
    Thank you Peter, I appreciate your reply. If most of the funding were provided by the US State Department, will they still approve with a 'No Objection" letter from my home country?

  10. #10
    Regarding the Online application for waiver, it says I must have a copy of my DS-2019 from that time but I do not have that any more. I consulted my placement and controlling organization, they don't have it either. How can I get a copy of my Old Ds-2019 from Dept. of State?

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