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J Waivers of Section 212(e) of the Immigration and Nationality Act
Posted by: euser
July 25, 2011

Types of J Waivers

There are five statutory bases for a waiver of the two-year foreign residence requirement:

1. a no objection statement from the home government,
2. a request from an interested U.S. Government agency on the alien's behalf,
3. a claim that the alien will be persecuted if he or she returns to his or her country of residence,
4. a claim of exceptional hardship to a U.S. citizen or permanent resident spouse or child if the alien is required to return to his or her home country, and
5. a request from a state public health department, or its equivalent, on the alien's behalf (this only applies to foreign medical graduates who obtained J-1 status for graduate medical training or education).

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