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Yes. Your attorney or your responsible/alternate officer may request an advisory opinion for you.

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Posted by on in J-1 Waiver

You should only request an advisory opinion after you have participated in a J-1 program and you have doubts whether you are or are not subject to Section 212(e).

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If you have already received a final determination from the Waiver Review Division that denies your request for a waiver recommendation, you will need to apply again from the beginning for a waiver recommendation. You can use this new information to support your reapplication. You will need to follow all of the procedures for reapplication that you followed for your first application, including paying the $215 fee. If your application is still pending with the Waiver Review Division and you have not yet received a final determination, you should send that information on to the Waiver Review Division for their consideration with your file. Please remember to write your waiver case number on any documentation you send and on the outside of the envelope.

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An advisory opinion is a request for a statement from the Waiver Review Division as to whether an exchange visitor is subject to Section 212(e) of the Immigration and Nationality Act, as amended.

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There is an internal agency review process, but there is no formal appeal process for the applicant. However, the visitor may be eligible to reapply based on another statutory ground, e.g. if the first application was based on a "no objection" statement from the applicant's home country and then reapplies based on an interested U.S. Government agency (IGA) request, a claim of exceptional hardship to a U.S. citizen or legal permanent resident spouse or child(ren), or based on a fear of persecution if the applicant is required to return to his/her home country.

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