J1 waiver - foreign government funding

[maybeariadne 3]

Hi @konrad89, just wondering what happened to your friend's case, as I am in the same situation where a different government financed my exchange. In my case, my DS2019 says I fall under 212e but my visa stamp on my passport says I don't. 

 

I 'm trying to get an advisory opinion, but funny enough, on the forms it only asks if there was any funding from the US or the home country. I'm just about to send it off, but just from the info on the advisory opinion request form itself, it would look like our case would be exempt, but of course it's still up to the DOS

[Amoyar_Dever 30]

@konrad89 @maybeariadne

 

Can you get No Objection Statement (NOS) from your home country as well as from the country who financed your study/ exchange program? 

 

I studied (PhD) and got my J visa stamped in the country other than my home country. But my exchange program in US was financed neither of them. While applying for the waiver I managed to get NOS from both countries (home country and the country where I studied PhD, and got J visa stamped). Department of State (DoS) issued me FR but don't know which NOS they used.  I guess having NOS from your home country and the country who financed your exchange program wouldn't hurt. It will take some time upfront but save you lot of time later (if DoS ask NOS from the country who financed your exchange program. 

 

Good luck!

[konrad89 4]

On 5/16/2022 at 4:13 AM, maybeariadne said:

Hi @konrad89, just wondering what happened to your friend's case, as I am in the same situation where a different government financed my exchange. In my case, my DS2019 says I fall under 212e but my visa stamp on my passport says I don't. 

 

I 'm trying to get an advisory opinion, but funny enough, on the forms it only asks if there was any funding from the US or the home country. I'm just about to send it off, but just from the info on the advisory opinion request form itself, it would look like our case would be exempt, but of course it's still up to the DOS

Hi @maybeariadne, my friend has not applied for the waiver yet, so I do not know. My waiver is pending, but in my case it was easy to determine the country - I was a permanent resident (not a citizen) of the country which financed my program, so then this is 100% your home country. If you were not a permanent resident, still country that financed your program seems to be the most important, but as @Amoyar_Dever suggested, it might be wise to get another NOS from your country of permanent residency (prior to entering the US) or citizenship (if they are not the same, the country of permanent residency is considered home).

Edited May 17, 2022 by konrad89

[maybeariadne 3]

@konrad89 @Amoyar_Dever Thanks for your replies! I believe 212(e) was mistakenly applied to me, so I'm getting an advisory opinion first before trying for a waiver. Will update in this thread once I hear back, in case other people face the same issue

[Mady40 0]

Hi, thanks for sharing your experience. How did it end up for your colleague @konrad89? Was he at all subject to 212(e)? How was it for you @maybeariadne?

[maybeariadne 3]

7 hours ago, Mady40 said:

Hi, thanks for sharing your experience. How did it end up for your colleague @konrad89? Was he at all subject to 212(e)? How was it for you @maybeariadne?

Yeah I ended up not getting an advisory opinion (it got lost in the mail lol), and it wasn't even brought up during my immigrant visa interview, so 🤷‍♂️