is there any hope for me to get a waiver?

[imchina]

please give me some input, ideas.

My situation is getting embarrassing and stuck. I used to be a Chinese citizen and now a Canadian citizen. This complicated my J1 waiver process.

I held J1 10 years ago when I was a Chinese citizen. And left the US 5 years ago. I went to Canada without a waiver. And stayed in China for less than two years.

My IAP-66 form indicates I am not subject to two year rule which many people think it is a mistake. Since every Chinese J1 holder is subject. My former lawyer insisted it was OK for me to apply for H1. He was right, my h1 was approved! I was laid off just after one week. Then I left the US and went back to China.

Afterwards, I came back to Canada and stayed until I became a Canadian Citizen. I also stayed in China so far for less than two years.

My impression is that my J1 is an easy one to get a waiver, I used all my personal funds to study in the US. The US also approved my H1 (it could be another mistake from USCIS). To be on the safe side, I still very like to obtain a waiver.

But the issue is:
1) Chinese government (embassy) does not want to talk to no Chinese. As you know, China doesn't recognize dual citizenship.
2) I have written to DOS two months ago, still have not heard anything from them.

I am very concerned that if DOS insists me to get an non object statement from Chinese embassy, I will be dead since they don't want talk to me. Is there any idea for me? Do you think a lawyer will help?

BTW, I have the sponsor's opinion to state they have no objection. If I am still a Chinese citizen, it will be a breathe to exchange an non objection statement by using program sponsor's letter. I am sure I will get a waiver if Chinese gov. issues a non objection statement. The issue is that they DO NOT do this to no Chinese!

I am stuck! Please help! I ran into this situation pretty much out of my control.

Any idea will be greatly apprectiated, thanks.

[imchina]

I guess if I keep begging the Chinese embassy for this, it could turn things around someday (how long and NO promise).

As I mentioned, I ran into this out of my control. When I was in China, I was forced to leave since I only got a Master degree. they need doctor degree to "develope" the country.

I am dreaming DOS may understand my situation, and evaluate my application based on the assumption that Chinese government doesn't object. I can verify this based on common sense, based on their J1 policy, or DOS to verify through diplomatic channel, if I have the power to let them to do.

This only issue is that Chinese government does not deal with foreigners. This upset and worries me a lot.

[imchina]

does anybody know this situation? Any opinion will be greatly appreciated.

My main point is that Chinese embassy doesn't want to process my application to issue an non objection statement SOLELY because I am not a Chinese citizen. If I am still a Chinese, there will be no issue.

1) I just wonder if DOS could envaluate my waiver based on sponsor's opinion. In fact, Chinese embassy issues their non objection statement also based on sponsor's opinion. But they don't talk to me.

2) Is it normal to wait for 2 months to have advisory opinion from DOS?

Please help, thanks!

[imchina]

Another confusion part is that my former lawyer applied H1 (I didn't know how he did it since it has been 5 years) in 2001, it was approved!

I am thinking this may indicate something on my case. I wish it is not a mistake again.

I am worried since I know I am subject. Every Chinese J1 holder is, believe me.

Sorry to keep writing on this thread. I am feeling really hopeless now and need your opinion.

[hshe888]

Hi imchina,

I am in the same situation as you do (was a Chinese on J1 visa and then became a Canadian citizen and now in the US facing the J1 2-year requirement).

Since your post was 3 months ago, how did it go so far? Please share.

In case you did not know, you can check the DOS website (http://travel.state.gov/visa/temp/info/info_1296.html). "Advisory Opinions" takes 4 to 6 weeks, otherwise you can call the DOS Public Inquiries Division at 202-663-1225.

I heard the only way to go is the IGA (Interested Government Agency) way, but I think the Chinese government should do something.

Good luck!

[john_canadian]

I know someone who was in the same situation. Please email curiouscnd@hotmail.com for exchange of information