J Visa Waiver - how do I get a No Objection Statement?

[Gperry 0]

I don't know where to post this. I'm having a hard time finding advice about how to get a No Objection Statement from home government.

Because my soon to be fiance has a J-1 Visa that has the 212(e) requirement that she return home for 2 years we need a NOS or No Objection Statement from her government of El Salvador. (Info below) The problem is that we called the embassy for El Salvador in Washington D.C. and the woman on the phone acted clueless about what we are trying to do. When I called they wouldn't really even give me information without my girlfriend calling. When my girlfriend called we felt like we were calling a secretary who's job it is to get people off the phone without understanding their real needs. I'm sure she is trying to do her job, but she isn't helping us.

How do we do this? Is there a particular person to ask for? Do I need to have legal representation call them? I've thought about asking my cousin to help as she is married to a US governor son. That governor has a good shot at being the next president.

For the No Objection Statement J1 waiver, the exchange visitor's home country government should issue a No Objection Statement (NOS) through its Embassy in Washington, DC directly to the Waiver Review Division that it has no objection to the exchange visitor not returning to the home country to satisfy the INA 212(e) two-year foreign residence requirement, and does not object to the possibility of the exchange visitor becoming a resident of the United States.

The No Objection Statement may also be issued by a designated ministry of the exchange visitor's home government and forwarded to the U.S. Chief of Mission, Consular Section, within that country to be forwarded directly to the Waiver Review Division. The exchange visitor has the responsibility for obtaining a no objection statement from his/her home government.

The key points of the No Objection Statement J1 waiver include:

1) The home residency requirement for a J-1 holder may be waived if the alien's home country's government can issue a "no objection" letter to the U.S. Department of State indicating that it does not object to the J-1 waiver grant.

2) The country of the alien's nationality or last foreign residence provides the U.S. Department of State a written statement that it has no objection to your J-1 waiver. Your country’s embassy in Washington DC can indicate in a direct letter to the U.S. Department of State that it has no objection to your receiving a waiver, or the foreign ministry in your capital at home can send a similar letter to the United States embassy there.

3) This waiver is not available to the alien who came to the United States as an exchange visitor to receive graduate medical education or training. The law precludes the use of this option by foreign medical physicians, who acquired J-1 status for the purpose of receiving graduate medical education or training.

[Clementina 1]

I do not have a real response to your case, but this is what I know about a J-1 visas that have a 2-year rule.

I had a J-1 visa with a 2-year rule back in 1996 when I did a PhD in Texas (not medical school). At that time, I got married to an American citizen and, if we had decided to stay in the USA, I had to present the waiver just like you. In my case, I had a full felowship from a funding agency from my country (Brazil). So, before contacting any consulate/embassy to get the waiver, I know I had to contact the funding agency first. If the funding agency did not provide an OK to my request, there was nothing a consulate could do. In my case, to receive a waiver I had to pay back ($$$) to the funding agency 4 years of tuition and room+board. Needless to say....we decided to go back to my country and lived there for those 2 years.

Good luck.

[Harpa Timsah 13,258]

All I have is general advice about calling agencies etc... Ask for a person who CAN help you. Call back... be polite, but don't take no or hang up for an answer. You want to make someone want to help you. Call her your fiancee (not gf - she is your fiancee anwyay ) - it will get you farther. Ask if there is a student visa specialist or something at the embassy. They should be able to get you to someone who can help and answer all your questions if someone else on this forum cannot.

I really wish you good luck!

[Gperry 0]

Thanks... ok.

Guess I'm going to have to approach this like I did in sales.... Just call up and ask for the CEO.. then work my way down. I'm just afraid of pissing these people off.

[Anh map 2,098]

Thanks... ok.

Guess I'm going to have to approach this like I did in sales.... Just call up and ask for the CEO.. then work my way down. I'm just afraid of pissing these people off.

This doesn't seem to start at the consulate level. As other posters have said, begin at the agency/organization in the home country that supplied the funding/scholarship. They will be the ones to make the decision and then the proper agency in the home government will issue the No Objection Statement.

[JimVaPhuong 4,863]

Your fiancee came to the US as an au pair. Contact the agency that sponsored her. I'm sure they deal with this a lot more often than the customer support person at the El Salvador embassy.

[Gperry 0]

YES!!!!!!!!!!!!! ES embassy granted their No Objection Statement in less than a week. I just supplied everything that the lady had asked for. Even though we felt like she didn't understand us we realize we had some fear with the process and it's hard not to question. I felt like a lawyer researching and doing the paper work!! I had worried that they would be difficult in granting waiver to the 2 year HRR because of skills list.

So the next step is for the USA to provide a J-1 Visa waiver and I expect a miracle to happen really quickly!!! Watch and see!!!!

[Gperry 0]

This doesn't seem to start at the consulate level. As other posters have said, begin at the agency/organization in the home country that supplied the funding/scholarship. They will be the ones to make the decision and then the proper agency in the home government will issue the No Objection Statement.

JUST WANTED TO ADD THIS TO HELP ANYONE ELSE WITH ISSUES WE HAD CONTACTING HER AGENCY:

We wanted to do this and actually we had to contact the Au Pair agency to get her last DS-2019. They had failed to send it!!!!? We encountered problems here as they bullied and drilled her about why she needed this and where she wanted to travel. We know that they were worried about protecting their investment with the family she worked for as they make considerable money placing the nannies. She simply stood firm and said she hadn't decided yet and she knew she needed it for her records and to be legal. This was none of their business. It was over-nighted and received the next day!

[juliava 80]

Did she complete her 1 year Au Pair program or is she getting close?

[Gperry 0]

Did she complete her 1 year Au Pair program or is she getting close?

She is VERY close to completing her program. Actually she will start the 30 day travel grace period in the next few weeks. I know they are trying to find a replacement for the family, but it did seem a little strange.

[juliava 80]

I was an Au Pair as well, but I must tell you, I always had that form DS-2019 with me. I wasn't a subject of the 2 yr HRR though.

You need to understand that what she is doing is her right, but it's definitely something that is against the Au Pair agency's policy. At the end of the Au Pair program, everybody is supposed to return home, especially when you have the 2 yr HRR in your passport. Applying for a waiver is not a desirable situation that the Au Pair agency would want to deal with and they will never encourage their participants to apply for it either.

Hopefully things would work out someway. Keep us posted!

[Gperry 0]

I was an Au Pair as well, but I must tell you, I always had that form DS-2019 with me. I wasn't a subject of the 2 yr HRR though.

You need to understand that what she is doing is her right, but it's definitely something that is against the Au Pair agency's policy. At the end of the Au Pair program, everybody is supposed to return home, especially when you have the 2 yr HRR in your passport. Applying for a waiver is not a desirable situation that the Au Pair agency would want to deal with and they will never encourage their participants to apply for it either.

Hopefully things would work out someway. Keep us posted!

I think you are very correct. In fact, based off the drilling police like response they had on the phone wanting to know why and what she was doing I would fully recommend for anyone else in this situation to simply request your papers and keep any intentions secret. Just simply say that you need them for your records. If they ask questions about legitimate and acceptable things such as what we were asked: But, where are you traveling? Simply tell them that you don't know and that you haven't decided yet. Do not take no or dragging their feet for an answer. Since we had paid $ for them to overnight the DS-2019 it started to make them look bad 2-3 days later when they are calling us and wanting to know why and hadn't sent what they agreed to send. Just state that by law you are required to have these papers and you want them now.

To avoid getting to this point... hold on to all your DS-2019's and request the final one extra early.!!

[juliava 80]

I think you are very correct. In fact, based off the drilling police like response they had on the phone wanting to know why and what she was doing I would fully recommend for anyone else in this situation to simply request your papers and keep any intentions secret. Just simply say that you need them for your records. If they ask questions about legitimate and acceptable things such as what we were asked: But, where are you traveling? Simply tell them that you don't know and that you haven't decided yet. Do not take no or dragging their feet for an answer. Since we had paid $ for them to overnight the DS-2019 it started to make them look bad 2-3 days later when they are calling us and wanting to know why and hadn't sent what they agreed to send. Just state that by law you are required to have these papers and you want them now.

To avoid getting to this point... hold on to all your DS-2019's and request the final one extra early.!!

That form helped me prove at the AOS interview that I was not subject to the 2 years HRR. Very, very important one in my case.

In my passport the only thing that was written under my J-1 visa was "bearer is not subject to the 212(e)section". Well, the DS-2019 form explains what the 212(e) section is (on the 2nd page as far as I remember).

[June 29 0]

YES!!!!!!!!!!!!! ES embassy granted their No Objection Statement in less than a week. I just supplied everything that the lady had asked for. Even though we felt like she didn't understand us we realize we had some fear with the process and it's hard not to question. I felt like a lawyer researching and doing the paper work!! I had worried that they would be difficult in granting waiver to the 2 year HRR because of skills list.

So the next step is for the USA to provide a J-1 Visa waiver and I expect a miracle to happen really quickly!!! Watch and see!!!!

Hi! First, I want to say I am very happy that the embassy granted their No Objection Statement to u guys!

I know this post has been made long time ago, and I am hoping you guys are all done with dealing with getting a green card!

I am also a subject to 2 year home residence rule and I am seeking No Objection Statement from the embassy of Turkmenistan. The counsel seems very nice and he told me to send my autobiography (with dates of my travels) and copies of all the pages of my passport and DS-3035.

The problem is I find some questions on DS-3035 very confusing! Plz, if you could help me with this I would really appreciate it! These are the questions:

1. Question 13: Is there any period of time in the US that is not covered by your form DS 2019/formerly IAP-66?

I have no idea what this question is asking me?

2. What is a port of entry?

3. When I send my packet to the Department of State, can I send the fee later? When I know that my government has sent the No Objection Statement? How does it work?

I am sorry for posting my questions on your forum, I am not trying to be rude. I am just desperate for help...

[mrslhddn 0]

HI guys I have same problem, my fiance went to F1 visa interview two days ago in Guongzhou China. everything was fine except they want him to bring J1 visa waiver. what is best place to get the NO obligation letter, in order to get the waiver ?? please help