Infopass/212E

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Luci_merlion

Registered Users (C)
Will an immigration officer at the local office be able to look me up in the system and confirm whether or not I am subject to 212(e) section? I have an appointment with my lawyer on Wednesday to discuss this, but if you know the answer, please let me know. Will the lawyer be able to find out from immigration if this is indeed the case? How long does it take to know for sure? Thank you!


P.S. If I changed status in 2003 from J1 to F1 and at that time my J1 said I was not subject to 212(e), yet a past visa from 2001 said that I was subject, does the restriction still apply? When I went to the Embassy to get my third J1 visa in 2003, the immigration officer cut the picture from my old passport and put a stamp on the last two visas saying "cancelled without prejudice." Is there a slight chance that the 212(e) requirement was also cancelled? Thank you!
 
When I went to the Embassy to get my third J1 visa in 2003, the immigration officer cut the picture from my old passport and put a stamp on the last two visas saying "cancelled without prejudice." Is there a slight chance that the 212(e) requirement was also cancelled?
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no
 
yet a past visa from 2001 said that I was subject, does the restriction still apply?
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if you got govt financing, or your specialty was on the skills list for your country, or you were here for graduate medical studies, then you are indeed subject to 212(e) and need a waiver. Since we know nothing about your program in 2001, we can't advise you whether you are a subject or not.
 
Luci_merlion said:
Will an immigration officer at the local office be able to look me up in the system and confirm whether or not I am subject to 212(e) section? I have an appointment with my lawyer on Wednesday to discuss this, but if you know the answer, please let me know. Will the lawyer be able to find out from immigration if this is indeed the case? How long does it take to know for sure? Thank you!

!
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The Infopass will not help. You can apply online for advisory opinion (Department of State web site). send supporting document with copies from all your old IAP66 and a cover letter with details regarding your previous J visas. It is free service and usually the DOS will respond in relatively short time.
 
LucyMO said:
if you got govt financing, or your specialty was on the skills list for your country, or you were here for graduate medical studies, then you are indeed subject to 212(e) and need a waiver. Since we know nothing about your program in 2001, we can't advise you whether you are a subject or not.
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Hi! My program in 2001 was a work and travel program. I was in uni at that time and this program was for students who wanted to work in the U.S. for the summer. I did not keep the IAP-66, but in the old passport it says I was subject to 212(e)...The program was not funded by my government. I paid the fees for the program in full, including the plane ticket etc. I looked on my country's Embassy page here in the U.S. and it says that in order for them to issue a "no objection statement," I will need a few documents from back home, including one stating that I never received any scholarship from the state to study in the U.S. and one stating that I do not owe any money to my country or something along these lines.
Now, they also ask to submit a letter from my last employer in the U.S.. Do they refer to the one who offered me the first job offer and for whom I first work when I came here the first time in the U.S.? I am currently on OPT and I could easily get a letter from my present employer, but I am now on F1. I am really confussed as to what I need to do. I am meeting with my lawyer on Wednesday, but any information will be useful. Thank you.

P.S. With no objection from the embassy, do I still need to proof hardship? What are some examples of hardship as I understand that mere separation from the U.S. spouse does not count :( Please help.
 
I believe I fall under the Skills Act, if I am indeed subject. I say this because although I did not keep the IAP-66 from 2001, when I returned (with the same program) in 2003, they gave me an extention. The visas were issued really late that year, and in return they extended our stay and sent another DS form. On that extended DS, I believe it was checked the "skills act." That document I gave to my lawyer, but I remember that was checked, although the initial DS was checked as "no subject" and the passport also said "no subject." Long story short, the passport from 2001 says I'm subject and so does the extention to the DS from 2003.

How do I go about getting the waiver? Am I less/more likely to get the waiver now that I am married to an American citizen? Thanks again!
 
Work and Travel participants are never subject to HRR. You don't need a waiver. It was a mistake to stamp your passport with it. I think you need to find your W&T sponsor and get a copy of the IAP-66/DS-2019 just in case - to show that it was in fact Work and Travel.

P.S. I do think DOS will have the info that you participated in W&T, but just in case - try to get a duplicate.
 
Luci_merlion said:
I believe I fall under the Skills Act, if I am indeed subject. I say this because although I did not keep the IAP-66 from 2001, when I returned (with the same program) in 2003, they gave me an extention. The visas were issued really late that year, and in return they extended our stay and sent another DS form. On that extended DS, I believe it was checked the "skills act." That document I gave to my lawyer, but I remember that was checked, although the initial DS was checked as "no subject" and the passport also said "no subject." Long story short, the passport from 2001 says I'm subject and so does the extention to the DS from 2003.

How do I go about getting the waiver? Am I less/more likely to get the waiver now that I am married to an American citizen? Thanks again!
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*It is important to have a copies for all IAP66 and DS. You can request a copy from your program (visa stamps and extended DSs are not substitution to missing IAP66).
*I think you are subject at least as I understand it from skills act.
*The main probelm facing people in the waiver process is obtaining NOS from their home country and this is the most time and effort consuming part. contact your embassy and ask others obtained NOS from your country.
*Married to US citizen will not be an obstacle to obtain waiver on the other hand may be a helping factor. You do not have to prove hardship to your family unless you are going to apply on hardship waiver. I think you are trying to apply on no-objection category which does need NOS from the embassy.
 
Thank you very much! I hope it is the way you say. Do they do that just to get one confussed? I was in my first year of uni when I got my first J1 visa and I heard they stamp the passport that way because one is more likely to overstay/not go back if they only did one year of uni and don't have "so much to lose." I'm going to try to go to one of my employers from that year and get a copy of the IAP 66 or even the program.

Thanks again! I feel much better now. At least I can sleep on these news until Wednesday when I go to see the lawyer.

P.S. I read in one of your posts about how you didn't have to go for your J1 visa at the Embassy. In my case, it was the same. The program collected the passports and returned them with visas both in 2001 and 2002.
Have you ever thought about going to Law school? It sounds like you'll make a good immigration lawyer.
 
mmed said:
*It is important to have a copies for all IAP66 and DS. You can request a copy from your program (visa stamps and extended DSs are not substitution to missing IAP66).
*I think you are subject at least as I understand it from skills act.
*The main probelm facing people in the waiver process is obtaining NOS from their home country and this is the most time and effort consuming part. contact your embassy and ask others obtained NOS from your country.
*Married to US citizen will not be an obstacle to obtain waiver on the other hand may be a helping factor. You do not have to prove hardship to your family unless you are going to apply on hardship waiver. I think you are trying to apply on no-objection category which does need NOS from the embassy.
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Hi! Thanks for your response. Your suggestion is a good one. I already visited the Embassy's site and it says exactly what documents I will need. It sounds like such a pain to get everything they want, but it also says that if all documents are gathered, they can issue the NOS in 10 business day. I think I'm looking at at least 1 month to gather everything I need from back home.

The IAP that I cannot find is from 2001. I'll try to contact the program and past employers to see if they kept a copy.

Now, if the first DS from 2003 (which I have) says that I am not subject, while the extention says that I am subject, which one do I take as true? Also, the passport states "Not subject to 212 (e) 2 year home rule does not apply."

I am now wondering about the Skills Act. Does it take into account people who have completed a graduate degree? I was an undergrad when I left.

Thanks!

P.S. What type of J1 did you have? Based on what kind of program?
 
LucyMO said:
Work and Travel participants are never subject to HRR. You don't need a waiver. It was a mistake to stamp your passport with it. I think you need to find your W&T sponsor and get a copy of the IAP-66/DS-2019 just in case - to show that it was in fact Work and Travel.

P.S. I do think DOS will have the info that you participated in W&T, but just in case - try to get a duplicate.
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Lucy, what do you make of this? It sounds like 212(e) applies for exchange visitors.

Two-Year Foreign Residency Requirement

An exchange visitor is subject to INA 212(e) requirement, if the following conditions exist:

The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the United States government or the government of the exchange visitor's nationality or last residence;

The exchange visitor is a national or resident of a country designated as requiring the services of persons engaged in the field of specialized knowledge or skills in which the exchange visitor was engaged for the duration of their program (Exchange Visitor Skills List 9 FAM 41.62, Exhibit II); I DON"T KNOW WHAT TO THINK ANYMORE.

The exchange visitor entered the United States to receive graduate medical education or training.
 
as for your work and travel program, you don't have to worry at all. Definitely not a subject.

Now, about your other visits on J-1 - you have to tell us what programs they were. We can't keep guessing. Since you said:
I say this because although I did not keep the IAP-66 from 2001, when I returned (with the same program) in 2003, they gave me an extention.
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I would assume that both times it was Work and Travel. If so, you are not a subject.

I'm going to try to go to one of my employers from that year and get a copy of the IAP 66 or even the program.
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employers do not have copies of IAP-66/DS-2019. Your sponsor might.
I am now wondering about the Skills Act. Does it take into account people who have completed a graduate degree? I was an undergrad when I left.
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no, it doesn't. As long as your profession or course of study while on J-1 was on the skills list, it doesn't matter whether it was graduate or undergrad.

It sounds like 212(e) applies for exchange visitors.
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well, of course, it does. It only applies to exchange visitors. Nobody else has it.
 
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Luci_merlion said:
Hi!
Now, if the first DS from 2003 (which I have) says that I am not subject, while the extention says that I am subject, which one do I take as true? Also, the passport states "Not subject to 212 (e) 2 year home rule does not apply."

I am now wondering about the Skills Act. Does it take into account people who have completed a graduate degree? I was an undergrad when I left.

Thanks!

P.S. What type of J1 did you have? Based on what kind of program?
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Do not rely much on what is written in the visa stamp or DS forms because many changes happen when you join the program (changing of fund sources, skills added or taken away from skills lists....etc). Go with the worst option (subject) because when you apply for H visa or green card for example, the immigration officer will look to all copies and if he find any word in any copy saying that you are subject, he will consider you subject unless there is a waiver.

The skill lists take into consideration under and post graduates.
My J is visiting scholar, postgraduate research program.
 
Go with the worst option (subject) because when you apply for H visa or green card for example, the immigration officer will look to all copies and if he find any word in any copy saying that you are subject, he will consider you subject unless there is a waiver.
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which doesn't apply to W&T, since kids during this program work at fast food places, hotels as maids, camp grounds as counselors or lifeguards, pretty much everything in the service/hotel industry. Very rarely kids find an employer willing to give them a job like a programmer, or a writer, or some other kind of office intern, etc. But even then it doesn't make them subject to HRR.
 
Update:

I went to meet with my lawyer today and she wants me to do my best and get a copy of the IAP 66 form. I called a friend of mine who also needed a copy from the Work and Travel program and she said they gave her a very hard time before they actually gave her the paper because they didn't want her "to stay in the U.S."
Today I called the Work and Travel program in San Francisco and they said they only keep DSs that are 3 year old. Also, they no longer have an office in my country. I think I will be able to locate the people who worked for the program (the owner at that time), but I doubt she'll want to give it to me if she still has it. Should I let my lawyer handle this? She said she was willing to call them for me.
The people over the main office in San Francisco said that they could write me a letter saying that I was a participant in the program. She asked me to fax her a copy of my visa and let her know where I worked while on J1. Now, one of the places I worked for, I ended up quitting without a 2 weeks notice. I wonder if this lady will actually call my past employers.

Is there nothing I can do without the IAP-66? My lawyer suspects it was a mistake for them to put the HRR on my passport.
 
Luci_merlion said:
Update:

I went to meet with my lawyer today and she wants me to do my best and get a copy of the IAP 66 form. I called a friend of mine who also needed a copy from the Work and Travel program and she said they gave her a very hard time before they actually gave her the paper because they didn't want her "to stay in the U.S."
Today I called the Work and Travel program in San Francisco and they said they only keep DSs that are 3 year old. Also, they no longer have an office in my country. I think I will be able to locate the people who worked for the program (the owner at that time), but I doubt she'll want to give it to me if she still has it. Should I let my lawyer handle this? She said she was willing to call them for me.
The people over the main office in San Francisco said that they could write me a letter saying that I was a participant in the program. She asked me to fax her a copy of my visa and let her know where I worked while on J1. Now, one of the places I worked for, I ended up quitting without a 2 weeks notice. I wonder if this lady will actually call my past employers.

Is there nothing I can do without the IAP-66? My lawyer suspects it was a mistake for them to put the HRR on my passport.
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Something is better than nothing. If you did your best and still did not get it, then this letter from the program is a good alternative in your hand. If they did a mistake to put the 212e in your passport, no problem the DOS will decide that you are not subject then. I saw an application for waiver on the DOS web site and the decision was "not subject". I do not know if the problem of quitting your job without a notice will have an impact or not.
 
Update:

I am making some progress towards getting my old IAP-66. I located the lady from the Work and Travel program I first came in the States through. A friend of mine from back home will go to talk to her on Monday and ask for the IAP.

In the meantime, I was accepted in a PhD program in Psychology. I am thinking to go for another F-1 just to gain some time with the waiver and then with the greencard. This new university says that they can transfer my SAVIS from my old uni to them. However, I am currently on OPT. Can the transfer still be done? Provided that they issue a new I-20, after that will I need to send any papers to USCIS? Do they need to give me a new F-1 or does the transfer imply that I do not have to send any papers to USCIS (like I did when I did my change of status from J1 to F1 back in 2003)? How does this work?

Do schools usually verify that the amount one has on a bank statement actually exists in the bank? I'm thinking to borrow some money from a friend and give it back to her after I get the statement for the new I-20. I do have some savings and the school will give me graduate assistanship, so paying for the school won't be an issue...but 31,000$ in the bank it's too much for me.

Also, my mom already talked at the Ministry of Education in my country. They will write me the letter that I did not receive any funding from the Government. In order to do this, they requested the DS forms and J1 visas. Now I have 1 IAP missing, one IAP from 2002, and one DS from 2003. It may be that I was subject in 2001 based on the passport. What papers should I give them? The last DS and visa? Or will they actually need the IAP from 2001? Should I wait to see if I can get the lost IAP, apply for advisory opinion, and then get these documents for NOS from back home? I want to be at least a step ahead of the game, but I don't want to do it the wrong way.

Thank you so much!

P.S. Mmed, congratulations for your waiver!
 
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