Is There Any Way Out of the Two Year Residency Requirement Etched in My United States J-1 Visa?
Posted by: ScottMond Law Firm
April 25, 2011
Topic: Criminal Law & Immigration
The good news is yes. A special document called a No Objection letter is needed from the Department of State (DOS). It is a complex process requiring an experienced immigration attorney in order to successfully remove the two year residency requirement that accompanies many J-1 Visas.
First, you have to complete the Waiver application online with DOS. This will generate a whole DS3035 packet which you will then have to sign and submit, along with supporting documents, to the Waiver Review division. There will be detailed instructions in this packet that you will have to follow.
The last page of the packet will be the scan code page. You will next need to forward this page to the foreign embassy with the request for the No Objection letter. The embassy should send the No Objection letter with the scan code page to the DOS Waiver Review division directly. Each foreign embassy has its own requirements and formalities for issuing a No Objection statement. You should contact them ASAP because some require you to overcome many obstacles to get the letter.
Once the No Objection letter is received by DOS, they will issue a recommendation letter to USCIS. USCIS will then issue a receipt notice to you. Finally, once the I-612 processing is complete, they will send out an approval notice of the 212E waiver. The process could take three to nine months.