Fulbright and J1 waiver, Mission Impossible?

**Greta B.** · 28th September 2005, 01:26 PM

I have heard a lot about how the Fulbright scholars should just forget a waiver unless the funds they received are below a certain limit.
Are there any Fulbright scholars out there that managed to get waivers? If, you are one, or you know of a case of a Fulbright scholar that managed to achieve "the impossible", could you please share this information?

thank you

Greta B.

**Streamflow** · 28th September 2005, 06:25 PM

Greta, please read Murthy dot com forum (http://murthyforum.atinfopop.com/4/OpenTopic) on Fulbright J-1 waivers:
http://murthyforum.atinfopop.com/4/O...=28&search.y=3

**Greta B.** · 5th October 2005, 05:22 PM

Hi Streamflow and others out there that might be interested,

I checked out the forum pages that you mentioned and unfortunately the people that posted in those forums are as clueless as I am when it comes to finding out whether there have been any Fulbright scolars that managed to get this waiver. Noone who actually might know about a case that resulted in a waiver, posted a reply to those people's questions.

Thank you for directing me to those pages though. I hope that if there is any information out there people would be willing to share it with others.

Greta B.

**christiane** · 24th January 2006, 02:28 PM

Greta,
I am in the same boat... haven't learnt about anyone who managed to get a fulbright waiver. will let you know if i hear, hope you can do the same.
c.

**running_swede** · 31st January 2006, 03:19 PM

It is possible. I got a favorable recommendation from DoS for my No Objection application (still waiting for final decision from USCIS, but I doubt they will go against the recommendation of DoS). It took 5 months to get sponsor views in my case, but once DoS had them they issued a recommendation within days.

**lugacevedo** · 6th February 2006, 02:12 PM

Hi,

I would like to know about your timelines.
I mean when did you got favorable recommendation from DOS?
When did USCIS received your application?
Which service center is processing your case?
When will you get the final waiver from USCIS?

By the way, which country are you from?
And congratulations about the waiver. 5 months for sponsor views is a looong wait.

Thanks,

Luis

**running_swede** · 8th February 2006, 11:55 AM

I am from Sweden (duh?).

DoS processing:
08/09/05 Application received
08/18/05 No Objection Statement received
08/18/05 Request for Sponsor Views sent
12/29/05 Sponsor Views received
01/09/06 Recommendation sent

USCIS (Vermont Service Center):
01/17/06 Recommendation received
01/19/06 I-797C, Notice of Action sent

Expected processing time (they say) 30-90 days, although I am not sure I can trust that. Sounds as if it can take a lot longer.

**lugacevedo** · 8th February 2006, 08:39 PM

Thanks Sweden guy,

It seems that you need to wait sometime.

You can actually look at the Service Center website for Processing times. They have posted a timeline for the I-612 Application for the waiver of the 2 year rule based on exceptional hardship or persecution. Since this was not your case, the timelines are not adequate for your particular case, but you can get an idea how fast they process these cases.

https://egov.immigration.gov/cris/jsps/ptimes.jsp?

Please, let us know when you get the actual waiver from USCIS.

**running_swede** · 8th February 2006, 10:56 PM

The 30-90 days is from the online status page for my case. They say that's the time my type of case takes right now. I have until the end of June, so I am not too worried about running out of time just yet. The Web site you point me to makes me think it should take no more than 60 days (paragraph above the big table for the Vermont service center). Thanks for the link. I'll let you all know when I get the actual waiver. Just wish more Fulbrighters with a positive experience would share their information. When I applied for the waiver I was almost certain that I would not get a favorable recommendation. It might have helped that the Fulbright commission in my country was supportive and that, officially, I hardly received any money from the Swedish or U.S. government.

**lugacevedo** · 7th March 2006, 07:40 PM

In support of Running Swede,

I just got yesterday my J1 waiver. I am a Fulbright too.

I know getting a J1 waiver is very difficult. Soon I will post my experience in this forum to light other people find a way in this complicated matter.

Good luck to all,

**running_swede** · 28th March 2006, 11:50 PM

Looks like it was finally approved by USCIS (got an e-mail update today), although the language is kind of cryptic. It says "we mailed you a notice that we certified our approval of this case and sent it to the appellate body for review." Is this just standard language, or could the "appellate body" still deny my application? Can I submit I-485+I-765 now to get work authorization?

BTW, the processing time for waiver applications listed on the web site above clearly do not apply to No Objection since the notice date for my application was January 19. I called the National Customer Service Center earlier today and they told me my application would probably not be processed for another two months, but then it was processed today. Obviously they were only looking at the same information available on the web site. If this means that I got my waiver application approved, total time from when I submitted my application until approval was about 7 1/2 months (!) for a No Objection application. Another three for work authorization, and I might actually be able to start a new job when my postdoc ends on June 30!

**nemu** · 9th April 2006, 04:40 PM

Originally Posted by lugacevedo

In support of Running Swede,

I just got yesterday my J1 waiver. I am a Fulbright too.

I know getting a J1 waiver is very difficult. Soon I will post my experience in this forum to light other people find a way in this complicated matter.

Good luck to all,

Congratulations! I just started my paperwork too. Very curious about your experience. Maybe there are some additional documents I could still send...

Thanks!

**Greta B.** · 12th April 2006, 01:38 PM

Hi everyone,

I am in awe to hear that two Fulbright scholars managed to get favorable outcomes. I have to say I am happy for you guys.

After my application with the No Objection Basis was denied I reapplied this February on the basis of "fear of persecution". My DS2019 is expiring in May 30th, and for obvious reasons I cannot return to my country, and according to processing times table, the USCIS Nebraska Service Center is now reviewing applications with the receipt date of September 19 2005! It will take forever for them to get to my application and I don't even know if they are reviewing these cases carefully. I sure hope so.

Is there anyone with the similar case experience? And does anyone know how to extend my status while I am waiting in the U.S. to hear from the USCIS?

Again I am amazed that some Fulbright people have managed to get waivers. At this point I have to rely on the competency and compassion of whoever is going to initially review my case at the USCIS and it is cold comfort to me...

**nemu** · 13th April 2006, 12:03 PM

Greta B., looks like fear of persecution is a better choice for you. I am sure if you documented everything thoroughly, your case will be looked at from a different point of view than no objection. When thinking logically, no objection should not even apply to most of the Fulbrights, especially if the home country is not contributing any funds. This is why iI am curious to know what the successful applicants say in their personal statements that makes Fulbright accept their argument.

**running_swede** · 14th April 2006, 11:43 AM

I do not know how much the personal statement really matters, but I tried to argue that I would be of more value to my country if I stayed in the U.S. than if I returned to my home country. I argued that returning right now would be very disruptive for my career.

I think that it may be more important what the no objection statement from the embassy says. I know that my home country is very supportive of no objection applications, although (of course) I do not know exactly what my no objection statement said.

It is not clear to me that the amount of money you receive is all that important either. I did not receive a lot of money, but I heard from a German Fulbright Scholar who got a waiver based on a no objection statement even though that person had received a substantial amount of money.

**nemu** · 14th April 2006, 06:57 PM

Thanks for writing back, Running Swede. Usually people loose interest in participating in forums once they get the waiver

Well, my statement was pretty similar. Hope it will do the trick. Did not emphasize too much the disruption of my career but tried to make an argument that I am in a better position to continue fulfilling the spirit of Fulbright if I stay here. From what I read online, some statements do not sound very convincing as they emphasize wanting to stay in the country because of marriage or hoping to get an H1 visa and no objection is not for that. I agree that what the embassy says is important but this only makes sense in the cases when your home country contributes to Fulbright funds as well. I know Germany does and apparently many German Fulbrights are getting waivers. Oh who knows... The wait is killing me ...

**running_swede** · 14th April 2006, 11:56 PM

Good luck! It took a long time to get sponsor views in my case. I do not know if that is typical for Fulbright applicants, but expect several months from when DoS requests sponsor views until they receive them.

I wish more people would share their positive experience, but I guess you are right that most people loose interest once they get the waiver. Of course, I am still interested in these formums because I am now starting the process of applying for a green card.

**nemu** · 17th April 2006, 09:43 AM

Thanks! Yes, I noticed your timeline. 4 months is a lot

**nemu** · 29th April 2006, 02:38 PM

Well, my online status is showing "Favorable Recommendation" so I guess we can add another Fulbright to the impossible

When writing my statement I kept in mind this quote from FAQ
http://travel.state.gov/visa/temp/info/info_1294.html

Applications are denied because the reasons given for requesting the waiver do not outweigh the program and foreign policy considerations of the exchange visitor program. For this reason, "no objection" applications in Fulbright/USAID funded programs are generally denied.

and tried to make a case that me staying in the US is actually an extension of Fulbright goals since I am in the process of finishing my PhD and I am teaching intercultural communication classes.

I am pleasantly surprised that it took only 3 weeks to get sponsor views.

Cheers!

**Ftat** · 5th May 2006, 11:03 AM

Hi,
I was a J1 sponsored by Fulbright Argentina.

-Any information if other Argentineans got a waiver based on Non-objection from government? Or any other Latin American country?

-Does anyone know if it is possible to complete the 2 year HRR in parts? Or does anyone know where to obtain this information?

Thanks a lot,

florencia

**nemu** · 6th May 2006, 03:11 PM

Not sure about the first question, but yes, you can complete 2 year HRR in parts. Apparently, vacation counts as residing, but you have to be not on the original J1 program. I.e. if you are eligible for an F1, you can go home during summer time and this would count. However, the burden of proof that you had fulfilled 2 year HRR is on you. So keep your tickets/passport, etc.

**Ftat** · 9th May 2006, 04:57 PM

Thank you Nemu for your answer.

I found the answer of my first question. The Argentinean Embassy in Washington DC posted a note stating that non-objection waivers will not be granted to Fulbright scholars.

- As for completing the 2 year HRR in parts, is it also possible under a G-4 visa?

- Do you know if years spent in my second country of nationality also count, and if it is a EU country, would it count to spend those years in any country of the EU ? (this might be too specific to know the answer..)

Thanks a lot again,
Florencia

**nemu** · 10th May 2006, 09:36 AM

Yes, your situation is a bit different. So, your Embassy is not even going to issue you non-objection letter? Cause it's not their decision to grant a waiver or not, all you need is a letter of no objection and it's worth trying.

Regarding where you can fulfill the 2Y rule, all I know -- it has to be the country of nationality or last residence. It can not be any country in EU even if your second country of nationality is part of EU. I've asked this question when I was considering my options before getting a waiver.

Read this carefully
http://www.visalaw.com/IMG/212e.pdf

You may need to seek further advice from attorneys. This forum might also be useful for you http://britishexpats.com/forum/forum...p?s=&forumid=2

**nemu** · 25th May 2006, 09:02 AM

**agent_A** · 25th August 2007, 11:11 PM

Hi everybody,

I have many questions and hope I will be able to get some opinions.
I was sponsored by USDA 2 years ago, but now I am on the department's money for my PhD. However, I still have J-1 and 2 year HRR. I will graduate next summer. I am looking for ways to get J-1 waiver. I contacted my embassy in D.C. and they said they will do anything they can, so that's good.

I am also getting married to my boyfriend (US citizen) soon. I wanted to ask you if you guys know is it better to apply to "No objection" letter before or after my marriage? I have read that I should not even bring the marriage issue up in the no obj. letter, but I though if I am married it might indirectly help.

My other question is did you all (who got waivers) use lawyers or did those paperwork on yor own?

Any suggestions about how to proceed will be greatly appreaciated.
Also congratulations to all of you who got waivers.

Thanks

**nemu** · 26th August 2007, 11:56 AM

Did not use the lawyer, most of them are pretty ignorant of Fulbright waivers.

I was married for 8 years at the time I applied - did not even mention my marriage to USC. I honestly believed it can hurt my case. Read my posts above - you have to make a case which follows this - "the reasons given for requesting the waiver outweigh the program and foreign policy considerations."

There are a couple other threads in this forum that deal with Fulbrighters, read them carefully - marriage + kids does not appear to make a difference. If your country has local Fulbright Commission - they will make a decision so investigate that as well.

Good luck and post your progress.

**moosehead** · 14th September 2007, 01:03 PM

"I am pleasantly surprised that it took only 3 weeks to get sponsor views"

Hello, my question is who is "sponsor" in case of our Fulbright funding? If all the funding comes from the US and nothing comes from a home country, then is it possible to state that it's up to US State Dept to decide on a waiver? That the home country doesnt really play any role with the exception of giving a No-Objection letter?
Thank you!

**nikovs** · 15th September 2007, 09:40 AM

It's the Fulbright commission in your home country - I just went through this a few months ago and it took a couple of months for Fulbright US to communicate with them and get a response.

**lopi65** · 15th September 2007, 08:03 PM

Dear Nemu,
Thanks for the information.I wish to apply for the waiver now and would like some advise on how to go about it.I had come on a Fulbright grant in 2004-5 to a University in texas. At the end of the grant I was offered Visiting Positions in two Universities in Virginia. Now the former University in Texas has offered me a Visiting Position again and would like to hire me for a Tenure track position. This is my fourth year and I would very much like to get a Waiver soon. I have recieved the NORI from India but have not applied as yet as I was not sure how to go about it. Please advise. What documents will I need to apply for the case number. Then What? Will I have to get supporting letters from these University sponsors? Will I need a letter from the Fulbright or the USCIS will ask for that? If so what is my role in that? Please reply as I am very nervous because of the Fulbright. Although the later DS 2019's have skills list on the cause for 212e.
Thanks for your help again. Would be also grateful for anybody elses advise.

Lopi65

**nemu** · 16th September 2007, 06:15 AM

Step by step process is described by the Department of State. Here is the link:
http://travel.state.gov/visa/temp/info/info_1288.html

The direct link to online application is here
https://j1visawaiverrecommendation.state.gov/

Read ALL info in this forum carefully, see what applies to your case.

You do not communicate directly with Fulbright although you may wish to contact your local Fulbright Commission if there is one in your country. You do not need letters from you university, although I included them in my packet. I also included my CV.