Traval outside of US while waiver is pending

winstannie

New Member
I think it's a very special and stupid case. I'm a Chinese currently under J1. I have a 3rd country green card and applied for J1 there. I have to go back to this country for at least 1 year for some personal reason. With the intention to shortening this 2 year home residency requirement, I applied for waiver last October, requesting a No Objection Letter from China. Early Feb. this year, I received a note from DOS, telling me they don't accept the letter, and it has to be from my 3rd country embassy. I thought then ok. I shouldn't have been so greedy because I don't really want to give up my 3rd country residency for now. So I didn't request anything again and almost forgot this. But in the DOS system, my waiver status is still pending as I checked today.

My current J1 is due in July. We have confirmed a cruise to Carribean in May. I know once a waiver is initiated, you wont be able apply for a new J1 entry visa any more. We don't really need re-apply for a visa. We hold Expired J1 visa/valide DS2019/I-94 using automatic revalidation system for adjecent island short trip, back to US. However, if the waiver status is still pending (it wont be granted since I didn't request No Objection Letter from my 3rd country anymore), will I be denied re-enter US with J1?

Whole family really headache. Hope someone can advise. Appreicate.
 
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