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Houston, TX 77057

Tel: 800.878.1807 (U.S. Toll Free)
Fax: 866.608.2766
Email: contact@niwus.com 

LPY Law Group

Can I apply for a waiver based both on the exceptional hardship that my having to return to my home country would cause my family and my fear of persecution?

No. Persecution claims should never be intertwined with claims of exceptional hardship.

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My exceptional hardship application was denied by USCIS. Can I ask for reconsideration?

Yes. Requests to reopen an exceptional hardship application are made through the USCIS. If USCIS determines the new information warrants a reopening of the case, USCIS will forward a new Form I-612 application to the Department of State for its consideration.

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Do I need to send anything, in addition to USCIS submission to the Waiver Review Division?

No, unless requested by the Waiver Review Division.

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When do I submit my DS-3035 and processing fee to the Department of State, Waiver Review Division?

You may submit your application and processing fee prior to submitting I-612 to USCIS or after USCIS has acted favorably on your I-612.

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How do I apply for a waiver based on the exceptional hardship that my American citizen or permanent resident family members face if I must return to my home country?

Apply directly to the USCIS on Form I-612. Also apply to the Department of State on Form DS-3035. Please note you will need to apply to both USCIS and the Department of State.

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My application based on fear of persecution was denied by USCIS. Can I ask for reconsideration?

Yes. Requests to reopen persecution applications are made through the USCIS. If the USCIS determines that new information warrants reopening of the case, USCIS will forward a new Form I-612 application to the Department for its consideration.

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Can I apply for a waiver based both on my fear of persecution and the exceptional hardship that my having to return to my home country would cause my family?

No. Persecution claims should never be intertwined with claims of exceptional hardship.

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Do I need to send anything, in addition to USCIS submission to the Waiver Review Division?

No, unless requested by the Waiver Review Division.

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When do I submit my DS-3035 and processing fee to the Department of State, Waiver Review Division?

You may submit your application and processing fee prior to submitting I-612 to USCIS or after USCIS has acted favorably on your I-612.

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How do I apply for a waiver based on my fear of persecution if I were to return to my home country?

Apply directly to the USCIS on Form I-612. Also apply to the Department of State on Form DS-3035.

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My "no objection" statement application was denied. Can I ask for reconsideration?

No. Waiver applications are exhaustively considered, and it is the policy of the Waiver Review Division not to reconsider "no objection" statement applications once a final determination has been made. You may, however, reapply using another statutory basis for waiver should another one apply to your situation.

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Which U.S. Government agencies can apply for the waiver on behalf of foreign medical graduates?

Appalachian and Delta Regional Commissions, Department of Health and Human Services, Department of Veterans Affairs and Department of Interior for Indian Reservations. Foreign medical graduates may also apply through an individual State's department of health that participates in the Conrad State 30 program.

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How can I be sure that you have received the "no objection" statement?

You can ask the embassy from which you requested the "no objection" statement if it has been sent to the Waiver Review Division. The Waiver Review Division unfortunately does not have the resources to notify each applicant when a "no objection" letter has been received on his/her behalf.

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What do I do if my waiver application based on "No Objection" is taking longer than the processing time?

You can send a letter by fax to the Public Inquiries Division requesting the status. It is possible that the case is problematic. The case could be missing documents or the applicant could not be reached at the last known address.

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Can anyone apply for a waiver based upon "no objection" from the host country?

No. Foreign medical graduates sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG) to do their clinical training cannot apply for a waiver based on a "no objection" statement.

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What if I cannot get a "no objection" statement from my former country of residence?

You may apply for a waiver in any of the remaining statutory bases. If none of the other bases applies to your situation, you must return home to fulfill the foreign residence requirement.

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When in the application process should I request a "no objection" statement?

Once you have your case number.

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How do I request a "no objection" statement and where do I send it?

You may contact the consular section of your embassy in Washington, D.C., and request a "no objection" statement to be forwarded to the Department of State on your behalf. The Embassy must forward the "no objection" statement directly to the Waiver Review Division at the Department of State.

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What are the bases upon which I can obtain a waiver of the two-year residence requirement?

There are five statutory bases upon which you can apply for a waiver of the two-year foreign residence requirement:

  • a no objection statement from your home government,
  • a request from an interested U.S. Government agency on your behalf,
  • a claim that you will be persecuted if you return to your country of residence,
  • a claim of exceptional hardship to a U.S. citizen or permanent resident spouse or child if you are required to return to your country of residence, and
  • request by a designated State health agency or its equivalent.

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Can I serve my two-year home residence requirement in the U.S. or a third country?

The period of time a former exchange visitor spends in the U.S. or a third country may count towards fulfillment of the two-year home residence requirement if the person is employed by his or her government in its military service or career foreign service and that person is serving in a country other than the home country at the behest of his/her government. Before the Department can determine that the individual has satisfied the foreign residence requirement, we require a written statement from an official of the home government (through the home-country's embassy in Washington, D.C.) that the individual was or will be serving in the U.S. or third country in the service of his/her home country and at that government's request.

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Can a J-2 apply independently from the J-1 for a waiver of the two-year home residence requirement?

In cases of death or divorce from the J-1, or when a J-2 child reaches age 21, the Waiver Review Division may entertain requests for waivers on behalf of the J-2. The Division will need a completed data sheet, DS-2019/IAP-66 forms of the J-1, divorce decree or death certificate, whichever is applicable, and, for a dependent son or daughter turning 21, a copy of his/her birth certificate.

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If the J-1 obtains a recommendation for waiver of the two-year home residence requirement, will that apply to the J-2 derivative applicants?

Yes, if the J-1 applies for and receives a favorable recommendation, members of the immediate family, if applicable, will be included.

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If the J-1 visitor is subject to the 2 year home country residence requirement, are the J-2 dependents subject to the same requirement?

Yes, a J-1 visitor’s dependent spouse and child are also subject to the foreign residence requirement.

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Who is Subject to the Foreign Residence Requirement?

Only the following visitors are subject to the foreign residence requirement:

  • Any part of your participation in the exchange program was paid for, directly or indirectly, by your government or the United States Government. Your program sponsor should have noted on your DS- 2019 (previously the IAP-66) (Certificate of Eligibility for Exchange Visitor Status) if your program was paid for directly or indirectly by your government or the United States Government. You can also discuss this issue with officials from the Bureau of Consular Affairs.
  • You are from a country which has been designated by Bureau of Consular Affairs as requiring your skills; or
  • You arrived in the United States on or after January 10, 1977 to obtain graduate medical education or training.

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What is the Foreign Residence Requirement?

States are subject to a requirement that they return to their home country to share with their States are subject to a requirement that they return to their home country to share with their countrymen the knowledge, experience and impressions gained during their stay in the United States. Unless USCIS approves a waiver for this requirement, exchange visitors must depart from the United States and live in their country of residence for two years before they are allowed to apply for an immigrant visa, permanent residence, or change to a new nonimmigrant status, immigrant visa, permanent residence, or change to a new nonimmigrant status.

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