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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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Once you have your case number.

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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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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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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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