J-1 Waiver Denied

[cds]

My husband came to the United States on a J-1 Visa. His program was funded by the US Department of State, and therefore carried a two year requirement. He is now out of status. We filed an I-612 to waive the two year requirement under the hardship claim, but were denied.

At this point, we are trying to decide whether we should file a Motion to Reconsider, leave the country, or what. We would basically like to know if there are any options we are not realizing exist. If we were to leave, would it be easy to return since I am a US citizen? If my husband left and fulfilled his two year requirement, how difficult or easy would it be for me to file an I-130 Petition for an Alien Relative to Obtain Permanent Residence Status? Thanks for your time!

 

[swtblcn23]

Did you consider applying for a NO OBJECTION STATEMENT from your husband's country of origin?

 

[kitten3]

My lawyer told me that motion to reconsider must be submitted within a month from the time the denial letter issued.
You may want to submit the 2nd application of J1 waiver in the same category or different category.
I was also told that the time waiting for J1 waiver result will not give the applicant a legal status, unlike GC pending.

 

[johnymac]

I was a Flex student from Russia in 1996. Never went home. Moved straight to F-1 visa. Finished my undergraduate and my MBA. Had an optional practical training. Married a US citizen six years ago, had two temporary green cards while my paper work was pending. I currently have a nine months old baby, but was denied J-1 no objection waiver and hardship waiver. The Russian government gave me a release form with no problems. What's now? I'm still waiting to hear from my attorney regarding my deportation even though I'm not planning on going anywhere with or without my child and my husband. Can I be forced out of the US or will they just close my file and never bother me again, so I become illegal, never work in my field, and wait for some president to pass amnesty? How does this all work? I need an advice from someone other than my attorney since he cannot legally tell me to just go ahead and live happily ever after without leaving the country or working. Please help if anyone has the same situation or knows anyone who is in the "same boat"

 

[kitten3]

I was a Flex student from Russia in 1996. Never went home. Moved straight to F-1 visa. Finished my undergraduate and my MBA. Had an optional practical training. Married a US citizen six years ago, had two temporary green cards while my paper work was pending.

What is "two temporary green cards"? Is it a green card valid for 2 years for a conditional permanent resident? Did you get it before you win J1 waiver? I am confused.

I currently have a nine months old baby, but was denied J-1 no objection waiver and hardship waiver. The Russian government gave me a release form with no problems. What's now? I'm still waiting to hear from my attorney regarding my deportation even though I'm not planning on going anywhere with or without my child and my husband. Can I be forced out of the US or will they just close my file and never bother me again, so I become illegal, never work in my field, and wait for some president to pass amnesty? How does this all work? I need an advice from someone other than my attorney since he cannot legally tell me to just go ahead and live happily ever after without leaving the country or working. Please help if anyone has the same situation or knows anyone who is in the "same boat"

You may apply for 2nd J1 waiver in the same category or 1st J1 waiver in different category. My second request fo J1 waiver in hardship category was approved. Different way of presenting the hardship and additional evidences may make change in their decision. You may consult with other lawyers, too.

Working for your home country agency in US may also be counted for your 2 years home residency. I know one person who is working for her home country embassy in US for this. I heard about this person from the visa officer in my J1 program. Check whether this would work before you start doing so, though.

Also, ask your lawyer whether O visa can be an option for you.

I'm not sure whether amnesty will help you to avoid 2 years home residency requirements. Your case will be "illegal stay" + "subject to 2 years home residency requirements", not just "illegal say".