J-1 with HRR and overstay

Old Jan 21st 2005, 2:34 pm
  #1  
megarhyn
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Default J-1 with HRR and overstay

I need an advice. I met my husband when i was an AuPair in 2002. We dated for several months but were not ready to get married just so. I went home and we started looking into K1, but realized that we would have only 90 days to get married which did not seem enough, so we decided that i shoud come to work in the camp and live with him over the summer. We did so, but
discovered the HRR when we started looking into applying for K1. I talked to the lawyer who told me not to go home since I will not be able to come for
2 years for sure. I overstayed and we got married a year later. I
started filling the papers for AOS and realized that I have to apply for the
'no objection statement' from my country first. If I do get it, will I still
have problems since i overstayed, or should i apply for the hardship, too?
Can i apply for AOS before I receive the waiver or not?
 
Old Jan 22nd 2005, 6:03 pm
  #2  
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Default Re: J-1 with HRR and overstay

Oops.... this isn't good.

You can't apply for AOS until you get the waiver, or you have satisified the 24 month home residency requirement. You can however apply for other non-immigrant visa's. But you are stuck with the HRR until it is satisfied or it is waived. There are no loopholes so don't bother looking.

You and your attorney might investigate looking at your visa and determining whether you should have received the HRR at all. That is called the Advisory opinion process. If you never should have received it, then you'll be okay, otherwise you'll either have to get the no-objection waiver or possibly return home for 2 years or more. Hopefully without a ban on returning to the USA.

Overstaying was a terrible mistake when you have the HRR on your J1. Even though you are married to a US citizen.

Hardship waiver is virtually out of the question. Your husband has to be incapacitated and bedridden to get that one.

Your only hope as far as a waiver is concerned is the no-objection waiver process.

I do not know if this is an option since you have overstayed your visa and still in the USA, but I have not heard it isn't an option if you are married and in the USA. I would recommend that if you not leave the USA until you know for sure whether the no-objection waiver is not a possiblity since you have overstayed. If you overstay you can be banned either 3 years or 10 years from the USA, depending on the length of your overstay. If there is a chance you can get this fixed without leaving the USA that might be best since the moment you leave you do not know if you are going to be banned or not. You need to figure this out quick and consult with an attorney very soon.

I think it is is very important that you consult an immigration attorney that knows all about the J-1 HRR and the no-objection waiver process. You could do this yourself but with the overstay perhaps a lawyer can get you through this without the ban.

I could suggest a good lawyer for you but if you look for your own, be very aware that many immigration lawyers do not know how to handle the J-1 visa issues you are talking about. They will say they know but they don't, take your money and give you false hope.

You really need to figure this out fast and work out a plan with an attorney.

Let me know if you have any more questions. My wife and I learned a lot going through the J-1 HRR no-objection waiver process.

Note: be aware that many if not all of the congressman and senator's offices are not helpful in this issue. Calling them may not lead to any help. They will be polite and act like they can help, but do nothing.


D.


Originally Posted by megarhyn
I need an advice. I met my husband when i was an AuPair in 2002. We dated for several months but were not ready to get married just so. I went home and we started looking into K1, but realized that we would have only 90 days to get married which did not seem enough, so we decided that i shoud come to work in the camp and live with him over the summer. We did so, but
discovered the HRR when we started looking into applying for K1. I talked to the lawyer who told me not to go home since I will not be able to come for
2 years for sure. I overstayed and we got married a year later. I
started filling the papers for AOS and realized that I have to apply for the
'no objection statement' from my country first. If I do get it, will I still
have problems since i overstayed, or should i apply for the hardship, too?
Can i apply for AOS before I receive the waiver or not?
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Old Jan 24th 2005, 6:18 am
  #3  
Jonathan McNeil Wong
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Default Re: J-1 with HRR and overstay

no-spam wrote:
    >>I need an advice. I met my husband when i was an AuPair in 2002. We
    >>dated for several months but were not ready to get married just so. I
    >>went home and we started looking into K1, but realized that we would
    >>have only 90 days to get married which did not seem enough, so we
    >>decided that i shoud come to work in the camp and live with him over
    >>the summer. We did so, but
    >>discovered the HRR when we started looking into applying for K1. I
    >>talked to the lawyer who told me not to go home since I will not be
    >>able to come for
    >>2 years for sure. I overstayed and we got married a year later. I
    >>started filling the papers for AOS and realized that I have to apply
    >>for the
    >>'no objection statement' from my country first. If I do get it, will
    >>I still
    >>have problems since i overstayed, or should i apply for the hardship,
    >>too?
    >>Can i apply for AOS before I receive the waiver or not?
    >
    >
    > Oops.... this isn't good.
    >
    > You can't apply for AOS until you get the waiver, or you have
    > satisified the 24 month home residency requirement. You can however
    > apply for other non-immigrant visa's. But you are stuck with the HRR
    > until it is satisfied or it is waived. There are no loopholes so don't
    > bother looking.
    >
    > You and your attorney might investigate looking at your visa and
    > determining whether you should have received the HRR at all. That is
    > called the Advisory opinion process. If you never should have received
    > it, then you'll be okay, otherwise you'll either have to get the no-
    > objection waiver or possibly return home for 2 years or more. Hopefully
    > without a ban on returning to the USA.
    >
    > Overstaying was a terrible mistake when you have the HRR on your J1.
    > Even though you are married to a US citizen.
    >
    > Hardship waiver is virtually out of the question. Your husband has to
    > be incapacitated and bedridden to get that one.
    >
    > Your only hope as far as a waiver is concerned is the no-objection
    > waiver process.
    >
    > I do not know if this is an option since you have overstayed your visa
    > and still in the USA, but I have not heard it isn't an option if you are
    > married and in the USA. I would recommend that if you not leave the
    > USA until you know for sure whether the no-objection waiver is not a
    > possiblity since you have overstayed. If you overstay you can be banned
    > either 3 years or 10 years from the USA, depending on the length of your
    > overstay. If there is a chance you can get this fixed without leaving
    > the USA that might be best since the moment you leave you do not know if
    > you are going to be banned or not. You need to figure this out quick
    > and consult with an attorney very soon.
    >
    > I think it is is very important that you consult an immigration attorney
    > that knows all about the J-1 HRR and the no-objection waiver process.
    > You could do this yourself but with the overstay perhaps a lawyer can
    > get you through this without the ban.
    >
    > I could suggest a good lawyer for you but if you look for your own, be
    > very aware that many immigration lawyers do not know how to handle the
    > J-1 visa issues you are talking about. They will say they know but they
    > don't, take your money and give you false hope.
    >
    > You really need to figure this out fast and work out a plan with
    > an attorney.
    >
    > Let me know if you have any more questions. My wife and I learned a lot
    > going through the J-1 HRR no-objection waiver process.
    >
    > Note: be aware that many if not all of the congressman and senator's
    > offices are not helpful in this issue. Calling them may not lead
    > to any help. They will be polite and act like they can help, but
    > do nothing.
    >
    >
    > D.
    >

The no-objection process is something between you and your home country,
so a U.S. immigration lawyer may be of little help other than giving you
information about the process. I don't know of any country that allows
U.S. attorneys to represent people seeking no objection statements.

You do have to get the waiver first. If your J-1 stay did not involve
any expenditure of government funds, your chances of getting a
no-objection statement are more favorable than they would be otherwise.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
 
Old Jan 24th 2005, 2:07 pm
  #4  
megarhyn
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Default Re: J-1 with HRR and overstay

Thank you so much for taking time to reply. It means a lot to get an insight from those who have been through it before.
I worked at the summer camp, it is the skill list, no goverment funding. That is why I am hoping to get the no objection statement from Croatia.
Once again, thank you for the reply.
 
Old Jan 25th 2005, 4:45 pm
  #5  
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Default Re: J-1 with HRR and overstay

First, If I were you, I'd check the skills list for Croatia. I know some people from Russia who got HRR noted on their DS-2019 because of skills list, whereas such skills list doesn't exist for Russia. They requested an advisory opinion based on that and found out that they didn't have HRR after all.

Second, all the people who come here on Work and Travel programs, including camp work do not usually have HRR. Research that as well.

Third, what does your I-94 say? Does it have a specific date or D/S written on it?
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Old Jan 25th 2005, 8:01 pm
  #6  
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Default Re: J-1 with HRR and overstay

I want to thank you for your reply.
I have already checked the list and yes it is on the skill list, even though I have no idea why, since I don't think we have any camps in Croatia.
You are right about the second thing, since I have met other people that did the same program, but from different countries and did not have the HRR. However, all the people from Croatia that have done the summer camp had the HRR on their J-1.
And my I-94 is not really readable. It does seem to have something like a mm/yy on it but I would not bet what is says.
Thank you once again.
 
Old Jan 25th 2005, 9:29 pm
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Default Re: J-1 with HRR and overstay

I'd say go for a waiver, unfortunately, DOS requires that you be in status all the time while in the States. Since you are out of status, it complicates things.

perhaps, they will overlook your illegal presence in your case, but I wouldn't bet even a penny on it - EVERYBODY I know had to submit documentation showing that they were in the country legally.

In your case, if there is in fact a particular date in your I-94, and not D/S, then you most likely overstayed by over a year and accumulated illegal presence. If you leave the States, you will be banned from entering for 10 years. If you cannot get a waiver, you will not be able to adjust status to permanent residency in the U.S.

Once again, a lesson for those who do not maintain legal status. I'd say - get a very very good lawyer, but be careful. All the lawyers my friends got lacked even basic knowledge when it comes to applying and getting waivers. And your situation is worse, since you are out of status...
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Old Jan 25th 2005, 9:46 pm
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Default Re: J-1 with HRR and overstay

Lucymo is right, you need a very very very good lawyer that is an expert in this point of law. (there isn't many)

The reason you need the lawyer, is because you have been out of status and in the USA past your agreed upon date of exit. You can be subject to the ban on returning for 3 years or 10 years. (You should have been told about this when you received your visa in your own country and agreed you would return as a condition of your visa. Why didn't you pay attention?)

Depending on the country you are from, applying for the no-objection waiver isn't complicated. However, as someone else pointed out, if you have any government funding whatsoever, you won't get the waiver, even if you get a no-objection statement from your country.

Another thing you can do, is call your embassy in Washington D.C. and ask for advice. Surely, someone from your country has been in this situation before. You need to contact your embassy anyway and get the facts on whether you can apply for the no-objection waiver, and what they require. Some countries require various forms from the home country which may take a month or more to get. Other countries require nothing and hand out no-objection statements like candy.
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Old Jan 26th 2005, 3:57 pm
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Default Re: J-1 with HRR and overstay

Originally Posted by no-spam
You can be subject to the ban on returning for 3 years or 10 years. (You should have been told about this when you received your visa in your own country and agreed you would return as a condition of your visa. Why didn't you pay attention?
No-spam, I don't know which embassy or consulate actually goes into details like this... Certainly, I was never told about it. I wasn't even told about HRR... They just tell you to come back the next day to pick up your passport with a visa in it, and that's all the instructions I got...
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Old Jan 27th 2005, 6:45 pm
  #10  
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Default Re: J-1 with HRR and overstay

Thank you LucyMo,
since it is true they do not tell you anything. I talked to the consul about where am I going and my experiences, and then he told me to pick up my passport with the visa in the afternoon. Until I did a reasearch, I didn't have any clue about HRR and stuff. And having a lawyer tell me that it's all good after you get married USC, didn't help. I have learned my lesson about making a lot of reasearch before talking to the lawyer, so I know their experiences about J1 and immigration.
BTW, I contacted a lawyer that have dealt with a lot J1's and waivers, and have an appointment next week. We'll see what he has to tell me. I will apply for the 'no objectin statement' after that. I hope it'll go well.
 
Old May 25th 2005, 3:45 am
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Default Re: J-1 with HRR and overstay

we just came back from an interview, where we've realized hard truth about J1 waiver. We are desperately looking for a good lawyer in NYC area. Please help.

Originally Posted by megarhyn
Thank you LucyMo,
since it is true they do not tell you anything. I talked to the consul about where am I going and my experiences, and then he told me to pick up my passport with the visa in the afternoon. Until I did a reasearch, I didn't have any clue about HRR and stuff. And having a lawyer tell me that it's all good after you get married USC, didn't help. I have learned my lesson about making a lot of reasearch before talking to the lawyer, so I know their experiences about J1 and immigration.
BTW, I contacted a lawyer that have dealt with a lot J1's and waivers, and have an appointment next week. We'll see what he has to tell me. I will apply for the 'no objectin statement' after that. I hope it'll go well.
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Old May 25th 2005, 5:40 am
  #12  
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Default Re: J-1 with HRR and overstay

Originally Posted by vshaykev
we just came back from an interview, where we've realized hard truth about J1 waiver. We are desperately looking for a good lawyer in NYC area. Please help.
What's the details of your situation? Few immigration lawyers know much about J-1 visa's and waivers. Watch out
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Old May 25th 2005, 8:01 am
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Default Re: J-1 with HRR and overstay

Originally Posted by vshaykev
we just came back from an interview, where we've realized hard truth about J1 waiver. We are desperately looking for a good lawyer in NYC area. Please help.
check out this j-1 yahoo group.
http://groups.yahoo.com/group/j-1waivers/
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Old May 25th 2005, 10:04 am
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Default Re: J-1 with HRR and overstay

Originally Posted by vshaykev
we just came back from an interview, where we've realized hard truth about J1 waiver. We are desperately looking for a good lawyer in NYC area. Please help.
Hi:

I don't know all that much about the 2-year HHR & J's , but I've done a few cases and its been a specific learning experience for each one. For example, slightly OT, I had an employment based case not involving HHR, but involving the "in status" part of "D/S" since the AOS applicant had to be "in status" when filing. It turned out that the first lawyer and the CIS did not understand the unique rules in the J arena. I had to learn them through research -- and it was a 4 page MTR [double spaced with legal caption] and AOS reopened and approved in 28 days!

I'm not to give any real advice simply because I don't really know your case. But I just looked at the Skills List for Croatia and although everything on the "Master" skills list applies to Croatia, I did NOT see any skill which applied to YOUR description of what you did.

Also, a prior poster incorrectly noted that you were advised of the 3/10 year bar number -- since J's are "D/S" they are NOT subject to this bar for "overstay." However, as to the 2 year FRR, you WERE advised of this -- you may not have noticed or heard the advice, but you were advised.

From your postings, I have no idea what the "truth" is about the HHR for you -- except that CIS seems to think its a problem.

Bottom line here: you NEED an attorney. However, as pointed out, very few attorneys really know anything about this area. But that goes for CIS also. What you need is an attorney who will say -- "I've got to look into this" and then knows how to find out the answers. And if the answer is "go home" for two years, be willing to accept that IF the attorney has looked and looked and has been unable to figure it out.

You do NOT need an attorney who will say "no problem" because that is what you want to hear. A good attorney will sometimes say "Big problem" and that is why you need her.

Many cases simply are not capable of easy answers or are just plain unusual, if not unique. Good luck.
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Old May 25th 2005, 5:21 pm
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Default Re: J-1 with HRR and overstay

I'll try to put facts into historical line.

My wife (she is from Slovakia) entered USA on J-1 visa with 2 year restriction. She entered country as "au pair" and her programm was not sponsered by US goverment. She overstayed the visa (I believe for 3 years)
We got married (I'm a US citizen)
When we filled out forms, we were not aware for J-1 problem at all, and didn't do anything about it.
We've had an interview, where we got I-130 approved and I-485 denied.

What do we do now. She cannot leave the country since she overstayd the visa and subject to 10 year bar. She cannot adjust the status unless she'll get a J-1 waiver. But she is faicing letter for denial and askign her to leave the country in 30 days soon.

What are our options?


Originally Posted by vshaykev
we just came back from an interview, where we've realized hard truth about J1 waiver. We are desperately looking for a good lawyer in NYC area. Please help.

Last edited by vshaykev; May 25th 2005 at 5:26 pm.
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