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Can I obtain waiver based on no-objection statement for 9 months left of the requirement, provided I already completed 15 months

Edwardsville, IL |
Filed under: US visas

I was an exchange student in 2011 - 2012 academic year . As my program was funded by U . S . department of State , I am subject to 2 years home residency requirement ( HER ) . I plan to marry my finance who is U . S . citizen , who is now in my home country as an exchange student . In May 2013 he is leaving back to the U . S . We would like to marry as soon as possible . By the time he leaves my country , I will have 1 . 25 years of HRR fulfilled already . I intend to apply for no - objection statement from the organization that sponsored my study in U . S . , but I have heard that since I was using U . S . government funds , I am not likely to get the waiver . However , I completed most of the requirement , and I wonder If there is a good chance of me obtaining home residency requirement waiver .

Attorney Answers 3

Posted

There is a saying in the US ... "Only in the game of horseshoes does 'close' count."

No, 1.25 is not the same as 2 ... and you have heard correctly .... the US government only gives waivers for de minimus programs (less than $2,500 received).

Sorry.

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I agree with my colleague. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com

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I, too, agree.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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