Immigration Attorney of Aria Law Group Explains What You Should Know About Waiving Two-Years Foreign Residence Requirement

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Certain exchange visitors are required to return to their home country or country of last residence upon completion of their U.S. training before they may apply for an immigrant visa or adjustment of status or change of status to another non-immigrant visa status.

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Aria Law Group with offices in Menlo Park, Northern California and Santa Monica, Southern California.

San Francisco Immigration Attorney, Aria Vatankhah has been able to obtain "J1 Visa waiver" for his clients from different countries. Exchange Visitor (J1 Visa) is for a non-immigrant visitor who is a professor or research scholar and has sufficient funds and speak fluent English.

Certain exchange visitors are required to return to their home country or country of last residence upon completion of their U.S. training before they may apply for an immigrant visa or adjustment of status or change of status to another non-immigrant visa status.

J visa holders subject to this 2-year foreign residence requirement are persons:
(1)    Whose participation was financed in whole or in part, directly or indirectly, by an agency of the government of the U.S. or by the government of his nationality or last residence.
(2)    Who at the time of admission or acquisition of status was engaged in a field which was on the Department of State Exchange Visitor Skills list.
(3)    Who came to the U.S. or acquired J status after January 10, 1977 to receive graduate medical education or training.
However, our San Francisco immigration attorney can obtain J1 Visa Waiver based on the following basis:
(1)    Possible prosecution: If the exchange visitor would be subject to persecution on account of race, religion or political opinion.
(2)    Exceptional hardship: Departure from U.S. would impose exceptional hardship on United States Citizen or Legal permanent Resident spouse or child of exchange visitor.
(3)    No-objection waiver: Exchange visitor’s country issues a no-objection statement regarding J’s decision not to return home.
(4)    Request by U.S. Federal Executive Agency
(5)    International Medical Graduates

If you present your case eligibly, USCIS can grant waiver upon favorable recommendation by Department Of State. Our immigration attorney San Francisco can assist you with all four-steps process to obtain DOS Recommendation as follow:
(1)    Applicant submit a Data Sheet to DOS
(2)    DOS sends case number and instruction sheet for waiver to applicant.
(3)    Filing I-612 with USCIS or an application to the agency or to the foreign government.
(4)    Reviewing case by DOS

Aria Law Group located in Menlo Park and Santa Monica California, obtains visas, green cards and U.S. Citizenship for individuals, businesses and families, and provides high quality legal services for all clients. Our Immigration attorney, Aria Vatankhah, is an experienced attorney, who practices Immigration and Naturalization law, with a special emphasis on Work Visas, Employment-Based Green Cards, Marriage and Family-Based Green Cards and U.S. Citizenship.

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