Can J1 2Y HRR waiver application to the DOS of an "out of status" applicant trigger removal proceedings?

Asked over 1 year ago - New York, NY

A science PhD, who is married to a USC, mailed his waiver application (DS-3035, statement of reason etc.) to DOS a week before the end of his legal stay in the US, and his country's embassy mailed the no-objection letter to the DOS 2 days before the end of his legal stay in the US. Now its been a month before the end of his legal stay in the US and the DOS online J1 waiver status system hasn't even shown his no-objection letter from the embassy as received (the rest of the documents are logged in the tracking system). He is hesitant to inquire from the DOS regarding the receipt of his no-objection letter by mail or fax, because he's afraid that they might inform the ICE about his presence in the US beyond the permitted period, and ask for him to be removed from the US. Is he being paranod?

Attorney answers (3)

  1. J Charles Ferrari

    Contributor Level 20


    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . Possible, but not probable.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Dinara Maylov

    Contributor Level 18


    Lawyer agrees

    Answered . Easy

  3. Bradley Lawrence Whitney Thomson


    Contributor Level 10


    Lawyer agrees

    Answered . Follow up with DOS to ensure letter was received.

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