CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, No Objection Statement
NATIONALITY: Indonesian
LOCATION: Cleveland, OH
Our Indonesian client came to the U.S. on a J-1 Visa in April 2008. He came to the U.S. for business training, and his J-1 visa made him subject to the two-year foreign resident requirement. In October 2011, our client married his U.S. Citizen wife and he wanted to apply for permanent residency. However, due to the two-year foreign residency requirement, he had to obtain a waiver first.
After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in the United States. Our office contacted the Indonesian Embassy in Washington D.C. to make sure we knew all the requirements needed for their office to issue a no objection statement. The Embassy requested nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of his valid Indonesian passport, and a copy of Form DS-3035.
On January 10, 2012 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State. We also sent a request to the Indonesian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a marriage based adjustment of status application but for the waiver.
The Indonesian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. On February 16, 2012, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on March 7, 2012. Now that our client’s two-year foreign residency requirement is waived, we can prepare and eventually file his petition and adjustment of status application.
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Hi, I have two questions regarding this posting. What are the documents that you need to provide to the embassy so that their office will issue a no objection statement? How long does it take after you provide all the documents until they issue the no objection statement?
Looking forward to hearing from you. Thank you for your time and effort in reading and replying my message.
Sincerely,
Michel
Michel, thank you for your email. I responded to this in prive to your personal email with a list of required documents. Hope you got it.