Waiver;;;prosecution

G

ga111

New Member
I wanna apply for a waiver based on prosecution.

I am from a country where there is no freedom of speech or ploitical opinion.

Human rights are its worst shape. I checked information about my home country from the state department of democracy, human rights and labor.

Can I apply for a waiver based on the fact that there is no freedom in my country and anyone can easily get arrested for expressing his political beliefs. I just heard about the arrest of a student in my home country for designing a web site that has a logo against my government ruling party.

Will the waiver department inform my home country that I am seeking asylum in the US?
 
Basically J1 waiver on the basis of persecution is one of the least common among all J1 waiver options available. You can indeed apply for it but you will have to show proofs that you might be prosecuted if you go back to your country. The best advice would be to get in touch with an attorney. These kind of cases are complicated and take more time than other J1 waiver cases, but always have some loopholes, so an attorney would suggest you best thing to do in your case.

Good luck
DJ
 
possible

u need to submit i-612 to iNS and DS 35* form to Dept of state. It might take 6-12 months, if u r lucky.
 
You would need to show at least two things: That the authorities in your country are actively persecuting people, and that *you* personally are being targeted by those authorities. It's usually a long shot. Being from a country with poor human rights, in and of itself, is not enough grounds for granting such a waiver (normally). Otherwise, anybody from the middle east with a J-1 could easily waive their HRR.
 
Be realistics

I ask that you be realistic and truthful first, being realistics here means you simply want to stay in the USA, like the rest of us, may be things are bad back home and may be freedom of speech doesn't exist, or may be jobs do not pay like here in the US, or may be you'll get mistreated if you voiced an opinion.

Remember you were allowed to leave to the US in the first place.

So If you trully want to pursue this route, it will be very complex, and very long, more than a year with mostly negative results and flase hope (very low success rate). Remember one thing, the DOS really knows about all countries and any outrageous claim will not fly. It is not enough for one to claim persecution you really have to show that.

If you want to shell few thousands dollars, make sure of the following:

* Get a very good lawyer, that specialize in this you will not be able to do it on your own (~$3K or more)
* Get a lot of evidence, pertaining to you (like family members detained, mistreated, etc...)
* Be very patient

Finally if you trully believe in your case, seek asylum it is the same as the waiver based on fear of persecution (A friend of mine from Mauritania did it this way a while back claiming segregation and slavery back in his country, it took a while and lots of pateintce but he was successfull at the end).


jk0274 said:
You would need to show at least two things: That the authorities in your country are actively persecuting people, and that *you* personally are being targeted by those authorities. It's usually a long shot. Being from a country with poor human rights, in and of itself, is not enough grounds for granting such a waiver (normally). Otherwise, anybody from the middle east with a J-1 could easily waive their HRR.
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