I've been in US with a J2 visa until January/2016 with my husband. Now, we are separated and I'm applying for medical residency in US. I would like to know the best way to get a waiver : "no objection letter" from my home country (they agreed to do it) or by filling my divorce and showing that I got a job in US (is this case medical residency)?
The "No Objection" letter from the competent foreign government agency is (almost) always "simpler and faster".
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
If your country agreed to issue a NOL, there is no reason why any other method should be better. This is a relatively clean and quick way to get around the 2 year home requirement without having to actually file a waiver per se. Having a divorce and an employment offer lined up do not by themselves allow you to waive the 2-year requirement. I would advise you always work directly with an immigration attorney on any and all immigration-related matters. Best wishes - GB.
Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.
If you get the no objection letter you should be ok. I would consult with an immigration attorney
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