212(E) in J-1 visa

Y

Yuliya_yu

New Member
Dear Sirs,

I have Uzbekistan citizenship. I was invited by Central Washington University (Ellensburg, WA, USA) as a research scholar for one year. I got J-1 visa and I have been working in CWU for 6 month already. My contract will finish in January, 2006. However I’d like to extend it and to stay in USA. In future I want to change my visa status. Also I’d like to have possibility to finish my education in USA.

Person from Department of International Study (in University) prepared papers for me. In J-1 form she wrote that my program is sponsored by Ministry of Defense. That is why I got 212(E) subject in my visa. She wrote it because University got grant from Ministry of Defense and some people in our Laboratory are working under that grant. In reality, University pays me money from resources that are not connected with Ministry of Defense at all. This person says that now it’s impossible to change my visa. However I would appreciate if you suggest me how to release my visa from 212(E) and to change my status.

Thank you for help,
Yuliya
 
Unless you get a letter from the University explaining the mistake, and perhaps, a corrected DS-2019, - there is nothing you can do. With these documents you must request an advisory opinion from the Department of State. DOS may be able to decide in your favor, if in fact, it was a mistake.

http://travel.state.gov/visa/temp/info/info_1294.html you will find information on advisory opinion here
 
Thank you for advice and information . The problem is : person from Department of International Programms(who made this mistake) said that if she trys to change something they possible will make me go home right now. Is it really possible or she is just lazy and stupid?
 
J-1 Research Scholar: Government funding

Yulya,
I was in very similar situation. As I mentioned in another thread I was a J-1 Research Scholar at University and I got money (paychecks) through the University. However, some of my funding came from National Science Foundation (NSF) which is an U.S. Government Agency. For this reason, the box ‘This program sponsor has received funding from US Government Agency (NSF)’ in my first IAP-66 (currently DS-2019) was checked. Therefore, I was a subject to 2Y HRR. My J-1 program was funded from a standard research NSF grant awarded to the University for a specific research objective but not awarded for an international exchange objective. For this reason, I first requested an Advisory opinion from DoS. Unfortunately this opinion was negative, i.e. DoS stated that I am the subject to INA 212(e). After that I applied for a J-1 waiver based on No Objection Letter (NOL) from my home country embassy in Washington DC. Finally, I got this waiver approximately 1.5 years ago.
My view on your case:
1. This is not a mistake; this is a policy of your University to show or don’t show your funding source. Most of the J-1 research scholars get money from different US Government Agencies (NSF, DoD, DoE, NASA, NOAA etc.) Some universities disclosure funding source (my and your cases) and some don’t disclosure ('forget'). In first case an exchange visitor is the subject and in the second case he/she is not the subject. I and you are just unlucky people in this context.
2. If your current or previous DS-2019 form shows that you receive USG funding, most likely you are considered as the subject to INA 212(e). "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." (http://travel.state.gov/visa/temp/types/types_1267.html).
3. Apply for an Advisory Opinion. Make a strong case (strong arguments) why you are thinking that you are not the subject. Be ready for negative opinion.
4. Don’t waste time; apply for a waiver of this requirement as soon as possible. Call to the Uzbekistan Embassy and ask to send information and forms for NOL waiver. Some countries don’t issue NOL. In this case you may try to get a waiver based on an Interested Government Agency (IGA).
5. Before applying for a waiver extend or transfer your J-1 program. As I know you will not be able to extend your J-1 status after applying for a waiver. Roughly you will need one year to complete waiver application.
Good luck.
 
if the INternational DSO confirms she made a mistake, she should be able to correct your DS-2019 form. It's done all the time (with I-20 and DS-2019). She may simply be inexperienced.
 
Advisory opinion

This is an ideal variant for Yulii, if really a mistake was made in DS-2019. In this case Yulya should apply for Advisory opinion. It is crucial to provide strong proofs that all direct (salary, travel expenses) and indirect (overhead, equipment, computers, supplies etc.) are associated with non-government funding. Supposedly a letter from a lady from the University’s Department of International Study will be enough. May be it is necessary to include also some financial documents with program numbers etc.
 
Спасибо большое за советы. Хотелось бы ещё прояснить некоторые детали:
Указание 212(е) никогда не являлось политикой университета. До меня подобных случаев не было.Дело в том, что леди, которая оформляла мне DS-2019 совсем недолго работает на этой должности и не имеет абсолютно никакого опыта в подобных делах. Работы в лаборатории ведутся по грантам и грант от министерства обороны действительно имеет место быть. Моя вина в том, что я не обратила внимания на 212(е), но когда я уже приехала мой профессор увидел его и сделал так
чтобы мне платили деньги не из грантов. Все деньги, которые я получила и получу платит мне кафедра. Источники никак не связаны с грантом от министерства обороны. Тем не менее действия леди нельзя назвать ошибкой в чистом виде , потому что ей была дана информация о финансировании по грантам. Что же всё таки следует указать в бумагах при подаче на Advisory opinion ?
 
Other forums

Yulya,
So your case is different. First of all, I think that impossible to replace your first DS-2019 form because your J-1 visa was issued based on this form and you have used this visa to enter U.S. Thus this is already a history. For this reason you need Advisory Opinion which should release you from INA 212(e). I suggest preparing all necessary documents for Advisory Opinion listed on the DoS web site and added two letters. One from your supervisor and another from the University’s Department of International Study. These letters should explain the situation and proof that you receive non-government funding. As I mentioned above it may be useful to disclose your funding source and include some financial documents from your department showing that the account is not associated with DoD or other government money.

PS. Please use English because your experience may be interesting to other participants. You may also participate in Russian immigration forums. For example, I may recommend: http://forum.privet.com/viewforum.php?f=1 (particularly thread, http://forum.privet.com/viewtopic.php?t=51930); http://www.russianday.net/rnf/ (see story about another girl from Uzbekistan, http://www.russianday.net/rnf/index.php?showtopic=186); and http://www.cofe.ru/Apple/vb/showthread.php?s=&postid=1905746#post1905746. You will find a lot of useful information on 2Y HRR and J-1 waiver stories.
 
I think Streamflow is absolutely right. With a good set of documents proving the mistake you should be able to get a positive advisory opinion.
 
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