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J-1 Waiver application (no interest waiver)

The J-1 Waiver Application (No Interest Waiver) is an application to obtain a waiver of the obligation to return to your home country after completing your J-1 visa program. This type of waiver is applicable to those J-1 visa holders who have been assigned by the U.S. Department of State to comply with the "two-year home country residency" clause. The "no interest" waiver refers to those cases where the home country government has no interest in the holder returning after their J-1 program.

Who Can Apply for the J-1 (No Interest Waiver)?

  1. J-1 Visa holders:some text
    • The waiver is for individuals who have participated in J-1 exchange programs, such as students, researchers, professionals, physicians, among others, who are subject to a two-year "home country residency" clause after completing the J-1 program.
  2. No Interest from Country of Origin:some text
    • The applicant must demonstrate that his or her home country has no interest in his or her return to fulfill the two-year obligation. This may include a lack of support or interest on the part of the home government in the applicant's return to comply with the clause.

J-1 Waiver (No Interest Waiver) Application Requirements

  1. Demonstrate Lack of Interest from your Home Country:some text
    • The applicant must provide evidence that his or her home country has no interest in his or her complying with the two-year residency obligation after the J-1 program. This may include letters or evidence that his or her government does not require his or her return.
  2. Form DS-3035:some text
    • Form DS-3035 (Waiver of the Two-Year Home-Country Physical Presence Requirement) must be completed as part of the J-1 waiver application process.
  3. Petition for Waiver to the U.S. Department of State's Waiver Office:some text
    • The waiver application must be submitted to the U.S. Department of State's Visa Waiver Review Division, where it will be reviewed for eligibility for the waiver.
  4. Confirmation from the U.S. Government that there is no interest in the Exemption:some text
    • The application must demonstrate that there is no return interest on the part of the government of your home country. This includes evidence that the home government has not requested the applicant's return.

J-1 Waiver (No Interest Waiver) Application Process

  1. Complete Form DS-3035:some text
    • The applicant must complete Form DS-3035, which is the official application for exemption from the residence obligation in the country of origin.
  2. Send the Application to the Exemption Office:some text
    • Once the form is completed, the application must be sent to the U.S. Department of State's Waiver Review Division, along with supporting documents demonstrating the lack of interest in return by the government of your home country.
  3. Wait for the Exemption Determination:some text
    • The Waiver Office will review the application and documents submitted. The review process generally takes between 4 to 6 months, but may vary depending on the case and workload.
  4. Receive the Decision:some text
    • If the application is approved, the applicant will receive a waiver of the home country residency requirement. If the application is denied, the applicant must comply with the two-year home country residency rule.

J-1 Waiver (No Interest Waiver) Processing Times

  • Form DS-3035 Processing Time:some text
    • The processing of the J-1 waiver application generally takes between 4 and 6 months. However, processing times may vary depending on the workload and specific details of each case.
  • Notification of the Decision:some text
    • The applicant will be notified by mail or online of the decision on the exemption request.

Duration of J-1 Waiver (No Interest Waiver)

  • Permanent Exemption:some text
    • Once the waiver is approved, the applicant will no longer be subject to the obligation to return to their home country to comply with the two-year residency clause. This will allow them to apply for permanent residency (Green Card) or other permits without having to return to their home country.

Important Considerations

  • Exemption Management:some text
    • If the waiver application is approved, this could open the possibility for the applicant to change status within the U.S. or continue with other immigration processes, such as applying for permanent residency.
  • Not Guaranteed:some text
    • Approval of the J-1 (No Interest Waiver) is not guaranteed. Each case will be evaluated individually and will depend on the evidence and documentation submitted.

How to hire our services for your visa application?

Before starting the process, we recommend that you schedule a 1-hour immigration consultation with our expert U.S. immigration attorney. During this session, you will resolve your doubts and receive personalized advice about your case.

 Exclusive benefit: The cost of the consultation will be applied as an advance to the fees of the application process for this type of visa.

 Schedule your appointment here: https://www.immilandcanada.com/law/estados-unidos

If you prefer to know more details about this service and its costs, please visit the following link:

https://www.immilandcanada.com/law/contratacion-servicios-usa

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