Legal Question in Immigration Law in California

J-1 visa with 2 year home residency. If the host country gives a No Objection Letter stating that the J-1 visa holder does not have to immediately return to their home country, but within 10 years - is this waiver application likely to succeed?

Thx


Asked on 9/30/09, 3:30 pm

2 Answers from Attorneys

I would have to see the no objection waiver. Normally, there is no condition on the no objection waiver (e.g., you do not have to return to home country). The point is that you will not be able to adjust status to permanent residence unless the waiver is complete--you can immigrate permanently to the U.S. without qualification. If you would like to contact me offline, I can be reached at [email protected].

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Answered on 9/30/09, 5:08 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

That's an odd no objection letter. It sounds like a hybrid answer of yes and no. This is something to be considered by the State Dept. and I would research whether this has been accepted recently. It's certainly not routine.

For more information, feel free to contact me at [email protected] or 818 609 1953.

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law, State Bar of CA

Designated in "Super Lawyers" 2004-2009, Los Angeles Magazine.

Sincerely,

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Answered on 9/30/09, 6:28 pm


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