J-1 Waiver
Foreign nationals that acquired a J-1 status whose participation in the program for which he came to the United States was financed in whole or in part, directly or indirectly, by an agency of the Government of the United States or by the government of the country of his/her nationality or his/her last residence, who at the time of admission or acquisition of J-1 status was a national or resident of a country which the Director of the United States Information Agency pursuant to regulations prescribed by him, had designated as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the alien was engaged, or who came to the United States or acquired such status in order to receive graduate medical education or training, shall not be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visas H or L until it is established that such person has resided and been physically present in the country of his/her nationality or his/her last residence for an aggregate of at least two years following departure from the United States. This requirement is known as the 2 years foreign residence requirement. It is possible to obtain a waiver of this requirement.
One way to obtain this kind of waiver is through the request of an interested United States Government agency or through the request of a State Department of Public Health, or its equivalent.
Another way is to prove that departure from the United States would impose exceptional hardship upon the alien's spouse or child if such spouse or child is a citizen of the United States or a lawfully resident alien.
Finally the waiver can be obtained also if the alien cannot return to the country of his/her nationality or last residence because he/she would be subject to persecution on account of race, religion, or political opinion.
Except in the latter case the Department of Homeland Security may waive such two-year foreign residence requirement in any case in which the foreign country of the alien's nationality or last residence has furnished a statement in writing that it has no objection to such waiver in the case of such alien.
Obtaining the waiver of the 2 years foreign residence requirement is a very complex and difficult task.
At the Law Offices of Hugo C. Castro we may help you to obtain this kind of waiver so you and your family may stay in the United States for a longer period of time or permanently after you finish your educational or training program.
We have the knowledge, experience, resources and capabilities to provide you with a strong legal representation.