Nan

Hi,

I am on J-1 with 2 year HCRR, which really makes life miserable. It is
not that I do not want to serve my community but I think the physical
presence requirement is very restrictive specially with the world
becoming smaller and smaller. I can serve my people from anywhere in
the world.

On top of that, I do not have citizenship in the "last permanent
residence" and I will never get one. One of life's many intricate
complexities. I am stateless. I applied for political asylum which was
denied and since I was in valid status, I was not referred to
immigration court. Can I apply again ?

A lawyer advised me to go for EB3. Either he doesn't understand the
HCRR or there might be some things which I am not aware of.
Any advice will be highly appreciated.

Thank you
Nan

LucyMO

Your lawyer doesn't understand HRR. You have to spend two years in the country of nationality OR last residence, it's your pick. You can also apply for a waiver. It will be easier to get if you didn't have any govt financing.

http://travel.state.gov/visa/temp/info/info_1296.html

kazic

Nan, do not make your life miserable without need. The rules are so tought that you can not awoid 2 years requirement even if you marry US citizen. It would be stupid to break the rules and to fall from respectful J-1 status to illegality.

Think about long term: You obey the rules, you leave USA for 2 years (but not to any country!!) and after 2 years apply for EB2 (or EB3).

Do not forget: now you are respectful J-1. After 2 years, when you apply for EB2, you will show in addition that you are serious and reliable person. Well, it is to expect that you will get the green card within weeks - and not months.

Forget this excuses about "world becoming smaller" and "being statesles". USA need serious people who will benefit that country. Granting you a J-1 visa is already a signal that you belong to such, needed people, but currently in non-immigrant status. But, the very same rules specify 2 years as a rule to apply for immigrant status.

Everyone is a director of his own destiny: so now, it is your choice to make something out of your life.

Jonathan McNeil Wong

nan wrote:
    > Hi,
    >
    > I am on J-1 with 2 year HCRR, which really makes life miserable. It is
    > not that I do not want to serve my community but I think the physical
    > presence requirement is very restrictive specially with the world
    > becoming smaller and smaller. I can serve my people from anywhere in
    > the world.
    >
    > On top of that, I do not have citizenship in the "last permanent
    > residence" and I will never get one. One of life's many intricate
    > complexities. I am stateless. I applied for political asylum which was
    > denied and since I was in valid status, I was not referred to
    > immigration court. Can I apply again ?
    >
    > A lawyer advised me to go for EB3. Either he doesn't understand the
    > HCRR or there might be some things which I am not aware of.
    > Any advice will be highly appreciated.
    >
    > Thank you
    > Nan
    >

Consult a lawyer about (1) whether you are in fact subject to the HRR
(there is an argument that your nationality, not country of last
residence, might governl also, if your HRR is based on the skills list,
misclassifications sometimes occur); and (2) whether waivers are
available for you.

Note, the purpose of the HRR has only tangential relation to "serving
your people." The HRR arises out of the fact that the J-1 is supposed
to be a government-to-government exchange. Some countries don't want to
have "brain drain", and our government obliges by mandating an HRR.

--
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]
================================================== =============

no-spam

How are you stateless? Where were you born?

Perhaps the congressman's office where you live can give you some help in knowing how you can apply for the no-objection waiver. If you have a reasonable question concerning embassy you go through they will help you to uncover the answer.

The no-objection waiver is about the only possible way to waive the requirement. Your questions to the Congressman's office will be: "what embassy do I request the no-objection statement from in my situation." and "Can you contact the Department of State on my behalf and ask them to give me special instructions to go forward with the no-objection waiver"

Then call the embassy you must go through and get their instructions on what they require for the no-objection statement. Whether they give it out like candy, or if they require special documents.

The J-1 with 212(e) requirement is the law and you must follow it as a condition of your entry in the USA. Overstaying the J-1 with a 2 year requirement would be a huge mistake.

crg

If you are stateless, what did they put your J-1 visa in? It usually has to be in a passport, unless you're from Cyprus or something.

Ingo Pakleppa

nan wrote:
    > Hi,
    >
    > I am on J-1 with 2 year HCRR, which really makes life miserable. It is
    > not that I do not want to serve my community but I think the physical
    > presence requirement is very restrictive specially with the world
    > becoming smaller and smaller. I can serve my people from anywhere in
    > the world.
    >
    > On top of that, I do not have citizenship in the "last permanent
    > residence" and I will never get one. One of life's many intricate
    > complexities. I am stateless. I applied for political asylum which was
    > denied and since I was in valid status, I was not referred to
    > immigration court. Can I apply again ?
    >
    > A lawyer advised me to go for EB3. Either he doesn't understand the
    > HCRR or there might be some things which I am not aware of.

Odds are, he didn't listen carefully. Find another one who pays
attention to you.

As for your citizenship issue: one of the acceptable reasons for getting
the HRR waived is that it is impossible to fulfill. You would probably
have to show that the country of last permanent residence would not
admit you for the two years.

And finally for the asylum: you'd really need to ask a lawyer
specializing in asylum, but generally, the rule is that you must apply
within one year of arriving in the USA, unless circumstances in that
country change - in that case, you have one year from the time the
circumstances changed.

Jonathan McNeil Wong

Ingo Pakleppa (see Web site for email) wrote:
    > nan wrote:
    >
    >> Hi,
    >> I am on J-1 with 2 year HCRR, which really makes life miserable. It is
    >> not that I do not want to serve my community but I think the physical
    >> presence requirement is very restrictive specially with the world
    >> becoming smaller and smaller. I can serve my people from anywhere in
    >> the world.
    >> On top of that, I do not have citizenship in the "last permanent
    >> residence" and I will never get one. One of life's many intricate
    >> complexities. I am stateless.

<Snip>

    >
    > As for your citizenship issue: one of the acceptable reasons for getting
    > the HRR waived is that it is impossible to fulfill. You would probably
    > have to show that the country of last permanent residence would not
    > admit you for the two years.

This is a good point.


--
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]
================================================== =============