No objection letter: from where?

H

hothovd

Registered Users (C)
Hi:

I have a J1 visa and it seems that I am subject to the 2 year requirement.
I am considering applying for a waiver.

1. Is there any other place where I can get a NO letter except for my embassy and conulate in DC. I would like to spend my vacation at home and use some of my time there to get NO letters/statements. Where can I get a NO letter: is it the ministry of education or the ministry of finance, or something else? Is there any restriction on who can write the letter?

2. My understanding was NO letter has to originate from an Embassy in DC. However, I read from the others that they contacted thier Consulates in other cities. Is there any restriction in this direction?

Thank you very much in advance.
 
1- The embassy is the *typical* place to get the no objection statement. This is for a variety of reasons, but the principal reason is that the no objection statement is considered a "diplomatic note" from the home country to the Secretary of State of the United States, and generally diplomatic notes from one country to another are transmitted through the embassy unless that is not possible (e.g. you are from Iran for example). Any government institution in your home country would still have to send the letter as a diplomatic note, and as such, would have to do it through the embassy anyway, as this is one of the chief reasons that embassies exist. In many cases, consulates in other US cities will direct the statement to the embassy in Washington for submission to DOS.

2- You could always start the process in the US, but be warned of one thing: If you have a file initiated with the DOS, there is a chance that you will be denied entry to the US as a J-1 if the application is pending. Having a pending waiver application means that you do not intend to come to the US for the purpose of the J-1 visa (i.e. returning home since you are an *exchange* student/scholar) as you intend to waive the HRR. Some J-1s have been denied entry because of that, while others have had no problems. But it's a risk you have to be aware of, whether you initiate a case number before you go on vacation, or while you are on vacation.
 
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Home government: exactly who?

Thank you very much for your reply. Especially the one about the US border entry issues during the application process was very very useful.

Regarding the embassy thing. However, US DOS information says

"When the "no objection" statement originates from the exchange visitor's government in the home country, that government must forward it directly to the American Consul at the U.S. Embassy or Consulate, which in turn will transmit the statement to the Waiver Review Division, Visa Services."

I would like know who can represent the home government in the home country.

Thank you again.
 
Right - if the statement is from your home country, then it deals diplomatically with the US through the US consulate or embassy there.

As for who represents the home country, I'm afraid that is only a question the US embassy in the home country can answer for you. Every country is different, and the US consulate might be very specific as to who they will accept a diplomatic "no objection" statement from. For some countries it might be the Ministry of Interior, for others it might be the Ministry of Education or the Ministry of Foreign Affairs. A particular country may have a law that designates only a particular ministry (usually foreign affairs) to deal in diplomatic issues with foreign embassies on its soil. Your best bet is to contact the US embassy in your home country and ask a consular officer who they will accept a letter from.

If the officer does not know (as this will undoubtedly be an unusual case since most waivers are done by persons already in the US), you can either take your chances and choose a ministry to provide the letter, or you can have your attorney submit an official request to the legal department (Legalnet) at the DOS Visa Office in Washington to inquire about your particular country. However, unless there is a very unusual circumstance preventing you from doing this through your Washington embassy, I recommend you do it in the US because otherwise you MAY get delayed as you will be dealing with less knowledgeable individuals at foreign US embassies.
 
thanks a lot

Thanks a lot for your advice. These are really good information. Thank you again.
 
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