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

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. Best answer

    Possible, but not probable.

    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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