J-1 Waver and Fulbright - particular case

euripanopeus

New Member
Hello,
I would like to know your suggestions on this particular case.
---Came to the US on a Fulbright, and had the 2yr Rule even though I was not receiving funds from the US government (Fulbright did not pay for my studies).
---Continued on a J1 sponsored by my university, for six more years, in which case the visas stated 212(e) did not apply.
---Now I am a professor in the US with an O-1 Visa, have completed perhaps 6 months of time in my home country, and have received the no objection letter from my home country.

Should this be enough to apply for the waiver? I spoke with 3 different attorneys and they all said they thought I wouldn't be successful based on the original J-1 Visa that had the 212(e) rule.

Any input would be appreciated!
 
Very dim chances of getting a waiver based on no objection:

Found on the web:
» As a matter of policy and practice, Fulbright scholars usually may not obtain “No Objection” waivers even though there is no prohibition under immigration law , because a waiver would undermine the purpose of the Fulbright-Hays Act, the law which authorizes these scholarships. Even with favorable letters of no objection from the government of the home country and the Fulbright commission in the home country, a Fulbrighter typically cannot obtain a No Objection waiver without proof of unusual and compelling facts establishing that the home country and the US will both benefit considerably more by allowing the Fulbright scholar to remain in the US.

So bottom line is that economic consideration in the case of Fulbright routinely do NOT outweigh foreign policy considerations... I've been there and actually had to spent my 2 years in my home country...
 
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