Waiver of the Exchange Visitor 2-yr Home
Country Physical Presence Requirement
“Just because you are subject to the 2 year foreign residency requirement does not mean you cannot get it waived and then stay here in the U.S. legally”— Brian D. Lerner, Immigration Lawyer
Generally with J Waivers, it does not absolutely require a qualifying relative. However, having relatives that will suffer if you are not granted the J Waiver can be used in the officers discretionary decision making on whether to grant it or not. Because there are different kinds of J Waivers, they each require a different set of evidence.
There are several different grounds of apply for the J Waiver. If one does not work, you can actually apply for the other grounds. However, you should make sure each one is properly prepared. The preparation of a Waiver is not easy. Many people do some research on the internet and think all they have to do is complete the initial form and that it will simply be granted. That is like reading the cover of a book and saying you have read the whole book. In fact, the orm is exactly like the cover of a book and only introduces the Waiver. It is the legal brief, declarations, affidavit, supporting evidence and all other materials that properly make a Waiver approvable.
- There are several grounds to apply for the J Waiver.
- No Objection Statement from home country:
- Interested U.S. government agency
- State waiver program for foreign physicians practicing medicine in underserved areas.
- Exceptional Hardship to U.S. citizen Spouse or Child
- Persecution in home country