My J1 visa story, will appreciate your advice

i5rider

New Member
Hello,
This is my first post to this forum. I've read through the threads and found valuable information, but I'd still like to explain my situation as it's a little specific and maybe complicated.

I'm a citizen of Mexico. I held a J1 (Fulbright) from year 2000 to year 2002. At the end of my program, I moved to Canada to work for a company, from where I was laid off in 2006. At that point, I decided to come to the US (California) on a TN visa, which is the status I have now.

Since January 2008, I started my J1-waiver process but it didn't even got started since Mexico denied providing a no-objection letter. It's been 1 year of insisting, and re-applying but no luck. I am finally giving up that option. It's rather frustrating situation, since I know other people who have had their No-Objection letter from the Mexican government without any problem.

So here I am now wondering what to do. I've had TN status during 3 years now and even though it's been really easy to apply for it, it's a non-immigrant visa and I feel pretty unstable like this.

So, these are my questions:

1) I am single and not planning to marry someone in order to apply for the hardship type of waiver. Is there maybe another way to avoid going back to my home country to finish my 2yr HR ? My program was from 2000 to 2002, it's been a while.. does that requirement expire at some point in time??

2) Assuming I have to go back before being able to apply for an H1B/GC.. can I count the time I've been in Mexico (on vacations mainly) while I was in Canada (from 2002 to 2006) and while I have been on the US on a TN visa??

Thanks in advance. I appreciate you taking the time to read this.

Best Regards,
-N
 
So, these are my questions:

1) I am single and not planning to marry someone in order to apply for the hardship type of waiver. Is there maybe another way to avoid going back to my home country to finish my 2yr HR ? My program was from 2000 to 2002, it's been a while.. does that requirement expire at some point in time?? Marriage is not a genuine reason to apply for hardship; I understand it should be a reason for that but unfortunately the USCIS is not considering marriage is hardship, I do not know why. The 2 year requirement will not expire for ever and to get rid of it you have to be in your home country for 2 years after you finished the program (continuous or interrupted) or get a waiver (any type of waiver) No other option whatsoever.

2) Assuming I have to go back before being able to apply for an H1B/GC.. can I count the time I've been in Mexico (on vacations mainly) while I was in Canada (from 2002 to 2006) and while I have been on the US on a TN visa??
Yes, every day in Mexico is counted toward your 2 years after you finished the program (not during the program) even from Canada on vacation or not. Track the visits and every day including the arrival and departure is counted.

Thanks in advance. I appreciate you taking the time to read this.

Best Regards,
-N

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