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Click here to subscribe to our newsletter, "Ann Lipson's Immigration Law Current Trends" and receive this no-cost quarterly synopsis of Immigration Law news that matters.ABOUT theVISAGeek™
TheVISAGeek™ is the pen name for Ann L. Lipson, a U.S. Immigration attorney with 25+ years experience.
Ann represents and advises business and individual clients worldwide from her base in the greater San Francisco Bay Area.
She is a member of the American Immigration Lawyers Association.
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By Topic: J-1 Waivers
J-1 Waiver: Timing is Everything
Correct sequence and timing for filing the waiver of J-1 2-year home residence requirement vis a vis a green card petition is both tricky and critical. Yesterday we met with a researcher from Australia who is completing a Ph.D. in engineering on a fellowship in J-1 visa status with a two-year home residence requirement. This researcher… read more
J-2 Waiver Age Out
Age-out J-2 waiver – Ask Dept. of State for help! If you entered the U.S. as the dependent child of a J-1 visa holder to whom the 2-year home residence requirement is attached, you, too, will be subject to that 2-year home residence requirement. However, once you turn 21 you will no longer be a… read more
What Triggers the J-1 Home Residency Requirement?
U.S. government financing of J-1: Waiver always required – well not really Not all U.S. government financing is created equal. There is a definition of what government financing creates the 2-year home residence requirement of the J-1 exchange visitor visa and it is not all government financing. The financing must be either directly from… read more
Avoiding J-1 Home Residence Requirement
J-1 Tip: Avoid 2-year home residence requirement if you’ve resided in more than one country Did you ever notice that the Form DS-2019 asks for your last legal permanent residence? If you are a national whose country and skills are listed on the skills list, with a mandatory two-year home residence requirement, perhaps you spent… read more
Fulbright J-1 waivers: Timing
Yesterday I met with a couple from Venezuela. She is here on a J-1 completing her Ph.D. studies. Her husband is on a J-2 with an EAD or work permit. She had completed her M.S. studies on a J-1 with a Fulbright. She asked an excellent question that invariably comes up when evaluating all aspects… read more
No Objection Statement
Comments have come in as to where and when to obtain the No Objection Statement for a J-1 waiver regardless of whether the funding comes from the home country or the U.S. All No Objection Statements must be obtained from the Embassy of the home country located in Washington DC. The actual statement should be… read more
J-1 Waiver Strategy Tip
J-1 Waiver of 2 year home residence requirement: Government funding traps I just got off the phone with a Canadian academic, John. He had spent a year at a major U.S. university doing part of his post-doc on a J-1 visa. On his last entry into the U.S. John gave the CBP officer his DS-2019,… read more