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No Objection help. Is it needed? Conflicting information

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  • No Objection help. Is it needed? Conflicting information

    Hello everyone. My wife came to the US from Thailand on a J1 visa, as an AuPair. She overstayed her Visa, and then we met, and got married. We got a lawyer to handle our immigration paperwork. Her visa, and DS2019 form both state she is subject to the 2 year rule due to 'special skills list' In fact, an AuPair is not on the special skills list for Thaland, and is stated in numerous places that it is not subject to the 2 year rule. To add insult to injury, my wife sent a letter to the US Dept of state asking if she's required to follow the 2 year rule. Today we got the response, she is NOT required because AuPairs are not on the special skills list, and the us govt. has no monetary investment in her. Now, we've already paid a lawyer to get a no objection letter based off him reading the visa and DS2019 stating the 2 year rule is required. As a lawyer specializing in this, I'd expect he knows an AuPair is not subject to the 2 year rule. Did the lawyer scam us? Do we have bad information? I just spoke to the lawyer, forwarded him a copy of the letter and he agreed to put the previous money we payed him for no objection, towards the green card work. He had a warning to heed though which was to realize that the visa and DS2019 do say the 2 year rule is required, so they may give us issues if we decide to bypass the no objection letter and shoot right for the green card. Looking for all opinions on the situation at hand please!

  • #2
    USCIS should grant agency deference to a DOS Advisory Opinion stating that the alien in question in not subject to the HRR https://travel.state.gov/contenthttp...-opinions.html

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    • #3
      Originally posted by inadmissible View Post
      USCIS should grant agency deference to a DOS Advisory Opinion stating that the alien in question in not subject to the HRR https://travel.state.gov/contenthttp...-opinions.html
      Could you please explain what agency deference means? Thank you for the link. It appears to state that this letter would be factual, and accurate. Would you expect any issues as we progress through the green card process being that the visa and DS2019 state the 2 year rule is in effect? This was the lawyers concern. Since my earlier post he has also offered a full refund, or put the no objection money towards the green card process. I just don't want to spend all this money and then they kick it back because the visa/ds2019 say 2 years is required. My wife wants the refund and to find another lawyer. I'm not sure that's the best route. Another small issue is the letter we got in the mail states there were no government funds donated to get her over here. Other paperwork we have states that Thailand invested 18k to get her here. I don't want this to be something that bites us in the **** later down the line if we do not get the no objection letter first.
      Last edited by MachOne; 08-05-2017, 08:02 PM.

      Comment


      • #4
        USCIS has decided that it is the Department of State's job to determine who is subject to the HRR and whether it has been satisfied. Absent a DOS Advisory Opinion stating otherwise, it would be proper for them to rely on the text of her visa and DS-2019 stating that she is indeed subject to the HRR

        Personally, I think the conservative approach would be to obtain both an Advisory Opinion and a HRR Waiver (DS-3035). (Give DOS a fair opportunity to investigate her case by providing copies of every visa and DS-2019/IAP-66 she was issued.) Hopefully the waiver will be denied on the grounds the applicant is not subject to HRR . I would also plan a 2 year working vacation in Thailand, in case the HRR applies, and she's not able to obtain a waiver. I also would not spend money on a lawyer to handle an adjustment of status application. It is simple and straightforward, and this space is filled with attorneys who lack the competence to work in more rewarding areas of immigration. If I wasn't going to apply for the waiver on my own, I would only hire an immigration who specializes in waivers. Eats sleeps and does nothing but file HRR waivers.

        Your wife does not need a No Objection Letter. Those are for waiver applicants who are subject to the HRR because of the skills list. She might need a waiver because of government funding.
        Last edited by inadmissible; 08-05-2017, 11:39 PM.

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        • #5
          If I am understanding this correctly, you stated that you already have requested the Department of State for an Advisory Opinion and they have replied that your wife is not subject to the two year rule. So then when you file your adjustment of status attached a photocopy of the letter coming from the DOS. No need to worry about encountering a problem with regards to the I-485 in connection with the J-1 HRR since the DOS already have made its opinion known regarding the said matter. Your wife does not need an NOS.

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          • #6
            Originally posted by greenholder View Post
            If I am understanding this correctly, you stated that you already have requested the Department of State for an Advisory Opinion and they have replied that your wife is not subject to the two year rule. So then when you file your adjustment of status attached a photocopy of the letter coming from the DOS. No need to worry about encountering a problem with regards to the I-485 in connection with the J-1 HRR since the DOS already have made its opinion known regarding the said matter. Your wife does not need an NOS.
            Yes, my wife sent a letter to the DOS requesting her 2 year rule status. They replied and said she is not subject to the 2 year rule. But her Visa, and DS2019 both say she is subject to the 2 year rule. One of her papers states that Thailand invested 18k into sending her to the US for the program. The letter that DOS sent us states that there were no funds invested in sending her here. So I have conflicting sources with money as well. I'm nervous to bypass the lawyer completely only to spend green card paperwork money for it to be denied because they want her to have a no objection letter.

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            • #7
              Then you are set. That DOS document proves in itself that you do not need to seek a waiver from your home government even if your DS 2019 states that. My previous DS-2019 also has indicated that my profession was under the skilled list in my home country however, when I sought the opinion of the DOS they said that based on my teaching position then, I was not subject to the 2 year HRR and that I could proceed to change my status. So if DOS has indicated that in the letter that your wife received, then I suggest to go ahead with your application, make sure to attach a photocopy of the advisory opinion from DOS.

              Comment


              • #8
                Same boat

                Originally posted by MachOne View Post
                Hello everyone. My wife came to the US from Thailand on a J1 visa, as an AuPair. She overstayed her Visa, and then we met, and got married. We got a lawyer to handle our immigration paperwork. Her visa, and DS2019 form both state she is subject to the 2 year rule due to 'special skills list' In fact, an AuPair is not on the special skills list for Thaland, and is stated in numerous places that it is not subject to the 2 year rule. To add insult to injury, my wife sent a letter to the US Dept of state asking if she's required to follow the 2 year rule. Today we got the response, she is NOT required because AuPairs are not on the special skills list, and the us govt. has no monetary investment in her. Now, we've already paid a lawyer to get a no objection letter based off him reading the visa and DS2019 stating the 2 year rule is required. As a lawyer specializing in this, I'd expect he knows an AuPair is not subject to the 2 year rule. Did the lawyer scam us? Do we have bad information? I just spoke to the lawyer, forwarded him a copy of the letter and he agreed to put the previous money we payed him for no objection, towards the green card work. He had a warning to heed though which was to realize that the visa and DS2019 do say the 2 year rule is required, so they may give us issues if we decide to bypass the no objection letter and shoot right for the green card. Looking for all opinions on the situation at hand please!
                Im in the same boat as you are. i recently requested an advisory opinion from the DOS and waiting for now. How long did it take them to get back to you with the decision ?

                Comment

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