EB-5 Investor Green Card Benefits

EB-5 Investor Green Card Program is a fast track path to getting your U.S. green card within 18 months. It has the highest U.S. Immigration approval, more than the Tourist Visa, Student Visa, and Employment based green cards, and Marriage Visa. U.S. Congress designated 10,000 visas to individuals in the EB-5 Category and each year thousands go unused.  With a secure investment of $500,000 into a State certified project in the U.S. you and your family will be able to qualify for a U.S. green card with all the benefits of a resident.

You Can Live Anywhere in the U.S.

If you have always dreamt of living next to the beach in Hawaii or the coast of California, you can do so. If you prefer the lights and sounds of Las Vegas or New York, then the option is available. No matter where you want to live in the U.S., the EB-5 Green Card gives you the ability to choose where you can set up your business in a completely different state than where you live.

Travel to U.S. Hassle Free Anytime

The freedom to travel back home when you please. Once you have a Green Card in the U.S., you can return to your home country and then back to your new home anytime you wish. If you have an emergency in your home country or need to return to the U.S. immediately, just board a plane and leave without having to apply for a visa.

U.S. Education at Citizen Rates

Access to education at resident prices. As a lawful permanent resident of the U.S.  you can afford to get higher education while paying the same money citizens pay. The same can be said for family that moves here with you, which includes any children under age 21. If you have always wanted the best education for you and your children, you can have it now with the EB-5 Green Card.

Be An American Citizen in 5 years

Fast track to becoming a U.S. citizen. You might think you will never become an American citizen, but it is possible to obtain your U.S. citizenship 5 years after your Green Card is approved. You need an experienced immigration attorney to process the file smoothly, however, the INA clearly allows citizenship application if you meet all the requirements. Once you have your citizenship, you can never lose it and do not even have to travel back to the U.S. to maintain it.

Own A Business

Owning your own business. Many people will never have the satisfaction of working for themselves, but with one initial investment, you can achieve that dream.  The investment does not require you to be involved in daily operations if you apply at a Regional Center. You can be as involved in the business as you want, and you get to choose what you do with your time and money. This is a luxury many people in most countries do not have.

Secure Investment Earning Interest

Investment with a projected return on investment. By working with our EB-5 Investor Green Card Program, your investment money is secure and will earn interest higher than at a traditional U.S. bank.

High Immigration Approval Rate Than Any Other Visa

High U.S. immigration approval rate. In 2009, 85% of  EB-5 Investor Green Card petitions were approved by U.S. immigration. This is a much higher rate than student visas, tourist visas, and marriage visas.

Our Services For Regular & Regional Center Programs

We are ready to provide you with comprehensive EB-5 Green Card services that apply to both the Regular and Regional Center programs, including:

• Confirm the source and availability of funds available for your EB-5 Green Card business investment, which generally requires the submission of 5 years of tax filings
• Advise on due diligence for your preferred business investment
• Prepare and file your I-526 petition as an alien entrepreneur with the U.S. Citizenship and Immigration Services (CIS)
• Once you are approved, we help you file for an Adjustment of Status or Immigrant Visa
• When you are granted conditional resident status, we monitor your case during the 21-24 month wait period required to verify that the full investment has been made and 10 jobs created (if applicable)
• We help you file the Form I-829 application to remove conditional resident status at the specified time to obtain permanent residence.

EB-5 Green Card Regional Center Application Services

The Regional Center program is ideal for the retiree or inactive investor due in large part to the “indirect employment creation” requirement and usual limited partner feature of this program. If you choose to invest $500,000 plus acquisition costs through one of more than 70+ Regional Centers, we can assist you by discussing the Regional Center program options that may be best suited to you.

There are several steps in the Regional Center program category which vary based on your individual circumstances.

EB-5 Green Card Regular Program Application Services

If you choose to invest $500,000 to $1 million through the EB-5 Green Card Regular Program, we can help you:

• Advise on reorganizing an existing business to become a qualifying new commercial enterprise
• Identify a “troubled business” that may allow you to create fewer than 10 new jobs

Start The EB-5 Green Card Process Now

Getting started is easy. Schedule a consultation to speak to EB-5 Green Card attorney Cathy Tran Reck in more detail about your case, or contact us at one of our international offices in Bangkok and Ho Chi Minh City.

Tourist Visas B1/B2

Visitors traveling to the United States temporarily for business or pleasure typically arrive on a tourist visa. For specific purposes that are legitimate, such as for medical treatment, attend a business conference, an expo or fair, or certain types of training.

Visitors can request a notation on their tourist visa indicating the purpose of their trip in the event that a visa extension or visa change is required later on.

Tourists from certain countries and who meet certain visa requirements may not have to apply for a visa in advance if they are a national from a country that is party to the Visa Waiver Program (VWP.)  The VWP enables nationals of 36 participating countries to travel to the US for tourism or business (visitor B visa purposes only) for stays of 90 days or less without obtaining a visa. The program was established to eliminate unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas.

For individuals who are from countries not participating in the VWP, they will have to apply for a tourist visa at the US Embassy or Consulate in their country and request an interview appointment. Prospective visitor has to show strong ties, and a steady employment history, consistent income, and a valid and legitimate purpose for the trip.

The consular officer has a very short time to decide on whether the tourist applicant is qualified for the visa. The visa applicant will be questioned as to the intent and purpose of the trip, whether the applicant has violated any laws or visa violation in the past, and most importantly, the consular officer will determine based on the evidence submitted whether the applicant has strong ties to their home country.

The most frequent basis for refusal concerns the requirement that the prospective visitor possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the US at the end of the temporary stay. The law places this burden of proof on the applicant.

Please note: If you want to travel to the United States to study or to work, you will need a different kind of visa.

Please note: If you are in Thailand, please read here about applying for a tourist visa for your Thai girlfriend.

UPDATE: DS-160 Form is now required by the US Embassy in Bangkok, other forms will not be accepted. DS-160 Tourist Visa Application is submitted electronically and the photo is also electronically submitted. Email or call us to find out how this may affect you.

Before heading to the US Embassy with your application in hand, be prepared and review your documents. Ask yourself these questions:

• Do I have proof that I have strong ties to my home country, such as a business, dependents, employment, or family to substantiate my desire to return to my home country after my visit to the US?
• Do I have enough financial proof that I will be able to support myself during my stay wtihout having to resort to public funds or public assistance?
• Do I have a letter from the friend, company, or person sponsoring my trip to the US so to demonstrate that that person or organization would be responsible for me while I’m there?
• Do I have the time and patient to sit through an interview and respond honestly to the questions the interviewing officer will pose?

Testimonial

“Cathy Tran Reck helped my Thai girlfriend, Pam, obtain a B-2 Tourist Visa to the US.  Despite the fact that Pam does not have strong financial ties to Thailand, Cathy encouraged us to focus on my background of having worked and lived in Thailand for several years. Cathy provided extremely valuable advice to Pam and I regarding the DS-160 application, the interview process and how to provide user friendly supporting documents to the US Embassy personnel.”  (William Rowley)  Read more..

Cathy Tran Reck & Associates Ltd. can assist you in navigating through this tourist visa process with little hassle. We review your strong ties evidence, assist you in obtaining meaningful supplementary evidence, and prepare the visa applicant to respond to each question with confidence, honesty, and in a clear and concise manner.

Call us today to book an appointment. Email: info@ctrlegal.com Tel: 02 302 1448

Client Testimonials

Below are testimonials of people who have used CTR and Associates and were willing to share their experiences.

Tourist Visa B2: William Rowley

Cathy Tran Reck helped my Thai girlfriend, Pam, obtain a B-2 Tourist Visa to the US.  Despite the fact that Pam does not have strong financial ties to Thailand, Cathy encouraged us to focus on my background of having worked and lived in Thailand for several years. Cathy provided extremely valuable advice to Pam and I regarding the DS-160 application, the interview process and how to provide user friendly supporting documents to the US Embassy personnel.

Cathy prepared Pam for the interview by suggesting brief and accurate answers to questions that would probably be asked by the interviewing officer.  Working with Cathy was a pleasure.  She promptly responded to my emails and phone calls, and she spent a lot of time during our consultation to make sure that Pam understood what to expect when she arrived at the US Embassy for her interview.

I would highly recommend Cathy to anyone who is seeking a B-2 Tourist Visa to the US for their Thai girlfriend.

William Rowley,

Bangkok, Thailand

Widow Penalty: I-360 Widow Petition Based on Deceased US Citizen

My uncle married a very nice Thai lady several years ago and they had a son together.  Sadly, before my uncle and his wife were married for two years, he had a heart attack and died.  Due to the Widow Penalty she was unable to apply for her residency visa.   In October of 2009, the Widow Penalty ended thanks to an attorney Brent Renison in Portland, Oregon who had worked to end the Widow Penalty, for several years.

I contacted to inquire if he knew anyone that could help me get everything going for my uncle’s widow and her Thai son to be able to come to the US to live and work.   Brent recommended Cathy Tran Reck to me.  I contacted her via email and explained the situation, told her what I wanted to do for my uncle’s widow, ask what I needed to do to start the process, the cost and about the length of time before everything was done.  Cathy responded back to me immediately, outlining the entire process from start to finish, a breakdown of the costs and the time frame for completion.

Cathy has been amazing.  She was very knowledgeable on the Widow Penalty and the law change.  The application process has been approved and we are now in the final stage of the process.  She has been in touch with me on a regular basis to keep me informed of what is happening, the communications she’s had with the government officials, where we are in the process and informing me of what the next step will be in the process.

Cathy has personally telephoned me on several occasions for information I could understand and provide better than my uncle’s widow.  Cathy has personally met and explained the process in detail to my uncle’s widow, answered all her questions and advised her of what would be expected of her in the process.  My uncle’s widow told me that Cathy is a very, very nice lady and she likes her very much.

Cathy has definitely lived up to her recommendation and gone beyond.  If you have questions, she’s quick to give you answers.  She is always pleasant, has never made me feel as though I was bothering her or that she was too busy to talk with me when I would call.   Cathy made me feel that my case was as much a priority to her as it was to me.  Her passion and dedication made me feel important and she always provided excellent, personal service all the way from Thailand.

It’s refreshing to meet someone who is caring and honest.  She doesn’t build up your hopes, drain your bank account and then tell you it just can’t happen.  Cathy is honest from the get go.  She won’t make you promises she can’t keep.

Melody S Hagerty
Vancouver, Washington

Ki Fiance Visa & Student Visa: Stuart Schwartzberg

I am an American citizen by birth, and my wife is a naturalized U.S. citizen.  She petitioned for two of her adult daughters to immigrate to the U.S., and they were placed on a “priority” waitlist that currently takes six years to be called.  Her third and youngest daughter immigrated to the U.S. with her as she was not yet an adult at that time.  We tried several times to obtain a visitor visa for the oldest daughter, but were denied the visa each time.  After much frustration and failure, when the oldest daughter became engaged to an American citizen, we turned to one of the “visa agencies” that claim to be able to obtain a U.S. visa without difficulty so that she could apply for a fiancée visa.  We also used the same agency to apply for a visa for our seven year old granddaughter, so that she could come on a visitor visa and subsequently convert it to a student visa.  It turns out that these visa agencies do nothing more than fill out the forms.  They are not recognized by the U.S. Embassy and cannot even enter the grounds of the embassy.  After spending a large amount of money paying their fees, the visas were denied.

At that point, I researched the internet for a U.S. immigration lawyer to help us.  We found Cathy Tran Reck and contacted her.  Cathy immediately gave us sound advice and we retained her services.  Cathy was instrumental in overcoming the obstacles we previously encountered, and had access to the embassy and the visa section, where she was personally able to contact the visa officers directly.  The end result is that our daughter is now in the U.S.A. and is happily married.  Our granddaughter obtained a student visa and is living with us in New York while attending school.  We are hopeful that her mother (the last of my wife’s three daughters to remain in Thailand) will join us next year.

I highly recommend Cathy to anyone needing immigration assistance.  She is extremely knowledgeable and personally handles each case.  I found out the hard way that only a licensed U.S. attorney can access the embassy on our behalf.  I have since recommended Cathy to all of my friends seeking to marry a Thai woman.  Her fees are reasonable and she is very responsive to questions and concerns.  Cathy clearly had the ability to turn a hopeless situation into a successful resolution.

Stuart Schwartzberg
Wappinger Falls, New York

Tourist Visa B2: Wayne Davis

Cathy Tran Reck assisted my efforts to obtain a visitor’s visa for my fiancée to allow her to visit the U.S. with me.  The initial application for a visa was refused by the U.S. embassy.  The reason given, that my fiancée had insufficient ties to her native country, Thailand, was clearly not true.  All of my efforts to get the embassy to disclose the true reason for the denial were rebuffed, only the same boiler-plate 214(b) response was given.  Even my U.S. senator got the same standard response.  Finally, in desperation, I used Google to search for a U.S. immigration attorney practicing in Bangkok.  Cathy came up at the top of the list.  When I phoned for an appointment and discussed the case with her she told me that, in her opinion, the problem was that we had planned to be married during the U.S. visit and that this would be considered as contrary to the terms of a tourist visa.  We dropped the plans for the wedding during the trip, it was an afterthought anyway, and following Cathy’s advice we strengthened our documentation of my fiancee’s ties to Thailand including adding an English translation of deeds of property that my fiancee owns and a translation of the deed to my condo in Bangkok.  The embassy web page and the embassy’s responses to my emails had strongly emphasised that I could not sponsor my fiancée’s trip, that her visa application would be considered on her merits only.  Cathy pointed out that my strong ties to Thailand strengthened my fiancée’s case so in addition to a translation of my condo deed I submitted copies of my passport and the three years of Thailand retiree visas.

My fiancée’s second visa interview was successful.  I am certain that the success was due to Cathy’s advice and highly recommend her for U.S. immigration matters.

Feel free to contact me to confirm this recommendation (except for 30 June through 16 July 2010 when my fiancée and I will be in the U.S.).
Wayne Davis
Bangkok, Thailand

K1 Fiancee Visa: Roy Joslin

I met Cathy Tran Reck back in November 2007 after an exhaustive search for an immigration lawyer.  I was looking for a lawyer which had extensive knowledge and experience within the immigration laws and in particularly the Fiancee Visa process.  I definitely wanted a lawyer who was also licensed to practice in the United States.  I had consulted with numerous other immigration lawyers (locally and abroad) prior to meeting Cathy and after the initial consultation with Cathy I knew this was the lawyer that I had been searching for!  Cathy answered all my initial questions in thorough detail and comprehensible manner.  I chose Cathy and her associates as my sole immigration attorney for all my legal issues which may arise while going through the Fiancee Visa process and with any possible future issues after the process was completed.

In my opinion Cathy’s firm went above and beyond my expectations from what I was expecting from an immigration lawyer.  All communication with Cathy from the beginning to the end and in every aspect was conducted in a very professional manner which I cannot say enough about.  I myself, being in the Law Enforcement profession for eighteen years, realize how far professionalism and professional conduct accounts for a person and their work ethics in today’s society and Cathy displays such above and beyond in my personal opinion.  I and my lovely wife fully and without any doubt would recommend Cathy and her firm for any and all of someone’s needs relating to any of her firm’s practices.

Roy & Hang Joslin
Parrish, Florida

Fiancee Visa Denial Under 221(g)

Your fiancee, spouse or family member in the US, must sponsor or petition for you. He or she then files a the appropriate form with the US Citizenship & Immigration Service (USCIS). After USCIS approves the petition, they send it to an office in the US called the National Visa Center (NVC).

The NVC will send your fiancee, spouse or family member a package of forms to complete, including an affidavit of support requiring your family member to demonstrate that he or she can afford to sponsor you. It may also include a visa application, DS-230(1).

Once this has been done, you will be required to interview at the US Consulate in Bangkok. There is where most cases are denied or encounter arbitrary rulings. The consulate denies many visas under a provision called INA 221(g)(2).

INA 221(g) states that “No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law, (2) the application fails to comply with the provisions of this Act, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such documentation under section 212, or any other provision of the law. Provided that a visa or other documentation may be issued to an alien who is within the purview of section 212(a)(4), if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 213: Provided further, that a visa may be issued to an alien defined in section 101(a)(15)(B) or (F), if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 214(a), or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 248 or the Act, such alien will depart from the United States.”

221(g) Visa Denials

221(g) is a section of the Immigration and Nationality Act and it simply means the consular officer is not satisfied with the quality or quantity of the documents you have submitted to prove your relationship. The officer might consider your evidence to be lacking in substance or honesty to prove that you have a bona fide relationship with the person that wants to sponsor you.

221(g) Visa Denials Final

In some instances, we will be able to prove up your case to the consular officer and ultimately get the visa. This will depend on the facts of your case.

If you were given a “blue sheet” then quite simply it means a denial with the opportunity to submit more evidence. Once you provide the additional evidence requested, your case may be approved.

If you were given a 221(g) denial that saids: “Your petition has been returned to the USCIS Service Center for review and possible revocation,” then your case may no longer be at the Consulate. Your loved ones in the US will have to prove up your relationship by providing more evidence of the bona fideness in your case.

Visa Denied, Now What

Gather all your evidence and speak to a competent and qualified immigration lawyer.

If your loved ones convinced USCIS Service Centerthat your relationship is genuine, USCIS will approve your petition again and will go through NVC the same way as before. Eventually, you will get to interview again at the US Consulate in Bangkok.

The consulates are not supposed to deny a case based on evidence that USCIS considered when it approved your petition. When the consulate returned your petition to USCIS, it explained to USCIS the reasons. If USCIS is not persuaded by the consulat’s reasons, it can re-approve your petition and the consulate is not allowed to send it back again for the same reason. However, it is very important that you present a good case to the USCIS Service Center to proved your relatioship. If you and your loved one do not put on a good case, teh consulate’s denial will be final.

You can present your case to the USCIS Service Center early in the form of a new petition whic includes answers to the consulat’s denial. Other times, you must wait. This is why you consult with a competent immigration lawyer who can analyse your case and tell you what is the best way to proceed.

How We Can Help!

We have been assisting clients in Bangkok for over two years on visa denials cases. There are many reasons the consulates may deny your case and with a qualified attorney on your side, you may be able to persuade the consular officer the first time around that you have a genuine relationship with your loved one.

We write motions arguing your facts under the INA  and assemble your evidence in the best way to prove your case to show the legal or logical faults in the consular officer’s denial.

Contact us in Bangkok!

Bangkok, Thailand +66 (0)8 4724 3192

Skype: FrontierLegal

Email: Info@Frontierlegal.com

Student Visas

The U.S. attracts many foreign nationals to its diverse and strong institutions of learning. The F-1 Visa (Academic Student) allows one to enter the U.S. as a full-time student at an accredited (U.S. government- approved) college or university. The student must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate. The M-1 Visa (Vocational Student) is issued to students who want to pursue non-academic programs (health care technician, machinist, dental hygienist, etc) in an established institution. The J-1 Visa (Exchange Student) is for students pursuing graduate / post-graduate studies, visiting scholars, medical doctors undergoing training, etc.

How We Can Help with US Student Visas

Our office in Bangkok, Thailand, can assist both first-time student visa applicants and returning students and their dependent family members with the visa application process at consulates in Thailand.

We can analyze your background and advise you on how best to provide the required evidence of ties to your home country and your ability to bear the cost of your U.S. education, as well as discuss all viable options and paperwork required in each particular circumstance. We are also available to advise students already in the United States and to discuss matters with the International Student Advisor at the college or school on behalf of the foreign student, if necessary. As appropriate, we will submit the petitions and documents for your visa at the consulate or with the USCIS for change of status or extension of stay.

Contact Us for F-1 Student Visa Application

We can put you in contact with world-class institutions within your specific criteria. We can ease the complexities of international travel and communication barriers by vetting our sources to ensure professional integrity and quality care.

Contact us for your personal consultation.

Overview of F-1 Student Visa Denied

The F-1 student status is for the primary purpose of full-time study at a school or college in the United States. (For trade and vocational schools, there is another type of student visa, known as an M-1; however, a student in language school is generally F-1.) Full-time study, in most cases, means at least 12 credit hours per semester. An F-1 must have nonimmigrant intent, meaning that s/he should not be planning to permanently remain in the U.S. upon entry in F-1 status.

Limits under the 1996 law, state that an F-1 student in elementary or secondary public school, or the family of such a student, has to reimburse the government for the cost of the education.

The F-1 student status does not entitle a student to work in the United States without prior authorization. Generally, a student must demonstrate sufficient financial support to pursue studies without the need for employment. During the first academic year, employment is restricted to on-campus work. After the first year, permission may be granted by the U.S. Citizenship and Immigration Services (USCIS), based on the recommendations of the Designated School Official (DSO), for off-campus work, under certain narrow circumstances. For example, a student who suddenly loses his or her source of financial support may request the school’s foreign student advisor to approve employment. Should the school official concur, the student would file for a work permit with the USCIS. There is also a work program for internships with international organizations.

A student is admitted for “duration of status,” which is the period of time needed to complete the school program. The school official enters an estimate of the time needed on the Form I-20 that the school completes. This form is submitted to the USCIS or the consulate when the student applies for a change of status from within the U.S. or for a visa from a consulate abroad, respectively. In most cases a student does not need to apply for an extension of stay. Generally, a student does not need to apply to stay in the United States as long as s/he is maintaining student status and making normal progress toward completion of the course of academic study.

If the coursework will not be completed by the estimated date on the Form I-21, the student and DSO should complete the Form I-538 to submit to the USCIS at least 30 days before the end date on the Form I-20. This submission should include compelling academic or medical reasons for needing the extension. DSOs must help students ensure that their Student and Exchange Visitor Information System (SEVIS) data is up to date at all times.

A student may work in the United States using the practical training option. There are two types of practical training: curricular practical training (CPT), which is required by the course of study, and optional practical training (OPT), which is work that is related to the subject studied.

Practical Training can be used either during the academic program or after completion of the program. Students who have been granted permission for CPT may work up to 20 hours during the school year, and full time during vacations and holidays. Full-time OPT, after completion of the academic program, enables the recent graduate to work for up to a year in a job related to the field of study.

Overview of J-1 Visa Denied

The J-1 visa is a non-immigrant status for an exchange visitor wishing to stay temporarily in the U.S. Within the J-1 category, there are a number of different programs. These include: Trainee, student, professor or research scholar, short-term scholar, non-academic specialist, foreign physician, international visitor, teacher, government visitor, camp counselor, au pair, and summer student in travel / work program.

The foreign visitor must be entering the U.S. to take part in an exchange visitor program that has been designated by the U.S. Department of State (DOS).

There is a requirement that the ‘J-1’ applicant be fluent in English and maintain sufficient funds and adequate medical insurance.

Student Visa Duration of Status

The applicant needs to obtain the Certificate of Eligibility for Exchange Visitor, Form IAP-66, from the program sponsor. On admission to the U.S., the applicant will receive a Form I-94 that is marked for ‘Duration of Status’ (D/S). The program sponsor, not the INS, has the responsibility to ensure that the ‘J-1’ holder maintains a valid Form IAP-66.

‘Duration of Status’ is defined as the completion of the J program plus 30 days. The total length of time that a ‘J-1’ holder is permitted to stay in the U.S. depends on the exchange visitor program. These duration requirements are set forth below:

• Post-Secondary Student : length of stay is time needed to complete the degree plus 18 months practical training
• Post-Doctoral Degree : length of stay is the degree plus 36 months practical training
• Business / Industrial Trainees : length of stay is 18 months
• Professors / Scholars : length of stay is 3 years maximum. Extension of 3 years only in exceptional or unusual circumstances
• Short-term Scholars : length of stay is 4 months
• Flight School Trainees : length of stay is 24 months
• Summer Work / Travel : length of stay is 4 months
• A ‘J-1’ holder must extend status by completing Form IAP-66 through a responsible representative of the program. INS Form I-539 is not required.

Certain J-1 holders are subject to the two-year home residency requirement (HRR), and if one is subject to the HRR, s/he must return to the home country for two years before being eligible to return to the U.S. The exception to this would be a case in which one is eligible for and obtains approval of a waiver of the two-year home residency requirement. A person in J-1 status, if subject to the two-year HRR, is not eligible to change or adjust his/her status from within the U.S. (other than to A or G status) until the two-year requirement is met or waived.Included in the category of individuals who are subject to the home-residency requirements are medical doctors. If you do not go home or intend to return home for the residency then most likely they will deny your student visa application.

What We Can Do For You: Waiver of J-1 Visa

If a J-1 exchange visitor subject to the HRR finds that a waiver is needed, there are many options available. There is no guarantee, however, that any waiver will be approved. Some waiver applications require that no other waiver applications be filed for the applicant. Most waivers have additional requirements that must be met to avoid cancellation of the waiver. It is important that a person seeking a waiver carefully choose the option/s right for her/him in order to maximize the likelihood of success.

Our office can assess waiver applicants and submit the appropriate waivers for the applicants’ particular situation. We will analyze your background and advise you on how best to provide the required evidence of hardship to your US citizen or lawful permanent residence status spouse or child. We will assess and discuss all viable options and paperwork required in each particular circumstance.

We are available to advise students wanting to return to the US on a different educational curriculum discuss matters with the International Student Advisor at the college or school on behalf of the foreign student, if necessary. As appropriate, attorneys at our firm can help with submitting the waiver forms and documents for your visa at the consulate or with the USCIS for change of status or extension of stay.

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