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What are my options for a J1 waiver in my situation?

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  • What are my options for a J1 waiver in my situation?

    Hello,

    I’m a J1 scholar who received a job offer from an American institution.
    Now, while reviewing my documents, I’ve noticed that one of my previous DS-2019 was subject to the two-year rule (for a three-month period I spent in the US as an exchange visitor in 2017). All subsequent J1 visas do not have this requirement.

    I am a European citizen of “country A”, but I obtained my Ph.D. while studying abroad in European “country B”. The DS-2019 states “country B” as my legal permanent residence country, however as an EU citizen I have right of residence in the country, but never formally applied for a legal permanent resident card, meaning that the information in the DS-2019 might be incorrect.

    I have not fulfilled the two-year rule, hence I am applying for a J-waiver.

    1. If the 2017 DS-2019 was incorrect, which embassy should produce the No Objection Statement for the waiver?
    2. How can I communicate to the DoS of a possible mistake in the 2017 DS-2019?
    3. The 2017 DS-2019 states that the financial support was personal funds, not government funds. If I ask the Department of State for an advisory opinion, could I perhaps avoid the waiver based on this?

    Thanks!

  • #2
    This is just my opinion. I am not an expert.
    I think you need a waiver. Even if it is mentioned in your first DS-2019. The subsequent DS-2019 extensions in most cases do not have any annotation in the residence requirement.
    1. i think only your country A can issue No objection
    2. coountry A should be there as your birth country in the Ds-2019? so I dont think you need to clarify that
    3. you can try this it will save you the effort of getting a waiver but prepare for the eventuality that you do need to apply for a waiver

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