Waiver

Guestbook Entry for Garima Dutta , United States

Name: 
Garima Dutta
Nonimmigrant Visas: 
State: 
VA
Immigration.com: 
Country: 
United States
Comment: 

I was referred to Mr Khanna by a friend. I wanted some information on the J-1 visa waiver process. Mr Khanna was extremely gracious to reply to my email over the weekend and instantly asked his secretary to schedule an information call. It was a pleasure to speak with Mr Khanna. His depth of knowledge on the subject was very impressive. He was very patient in answering all my queries to my satisfaction. I am extremely grateful to Mr Khanna for providing me the legal guidance that I needed and putting my mind at ease. I will refer Mr Khanna to anyone who seeks a highly experienced and compassionate Immigration Attorney who actually cares for his clients.

Adjustment of Status, Form I-130, Form I-485, ESTA, Fraud/Misrepresentation, Waiver

We have received a particularly remarkable green card approval a few weeks ago. USCIS alleged fraud and denied the green card where the spouse of a US citizen had entered the US on visa waiver and then applied for Adjustment of Status (AOS) within a few days after entry. We were retained once the green card had been denied. The allegations of fraud or misrepresentation are particularly troublesome because they operate as a PERMANENT bar against immigration. There is a narrowly tailored waiver available, but it can be difficult to obtain.

Status: 
Green Card AOS Approved
Profession/Occupation: 
Nonimmigrant Visas: 
Immigration Law : 

Two-Year Home Residency Requirement

In this situation, the applicant’s J-1 waiver does not cover her period in J-2 status. 9 FAM 41.62 states that if an alien is subject to the two-year foreign residence requirement, the spouse and child of that alien are also subject to that requirement. Thus, the individual you have described would need a separate waiver to cover the time that she spent in J-2 status that subjected her to the two-year home residency requirement.Two separate DS-3035 applications would therefore be required in this circumstance.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Withdrawal of a Pending J‐1 waiver

A waiver applicant who has a pending waiver application in the State Department’s Waiver Review Division (WRD) should send an email to WRD via FMJvisas@state.gov to request withdrawal of a pending case. WRD updates the applicant’s case file and posts the withdrawal request on its online status checking system on http://travel.state.gov.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Two-year home residency requirement

Yes.  F visa is NOT forbidden.  But you will not be able to get an H-1, L-1 or green card unless you address the HRR through compliance or waiver.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Nonimmigrant waiver

Look into a 212(d)(3) waiver, which should allow you an entry. Ask CBP at the border how much time they need to process the waiver (usually a few weeks).

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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J-1 Waiver Pending

Contact the Waiver Review branch in USDOS first. Figure out what is going on with your pending case. You cannot apply for more than one type of waiver at the same time.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Filling DS 156

I normally do not answer questions about filling out forms. But in this case, one of our community members has raised issues that I think are generic enough to be generally applicable. I am posting this for all of you who run into a similar situation. Regards to all. Rajiv.

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