J1 waiver. Home country refusing to grant No objection letter

[amaguirr 0]

This is not about me but a friend. He was on a j1 subject to the 2Y rule. He was offered a HB1 visa and was also planning to get married to his fiancée but he needed to get this waiver thing. He applied for it since December 2013, he checked on it several times and was told it was approved and just needed the ambassador's signature. Last month the Venezuelan embassy send his paper work back telling him that the current ambassador and his team were not granting this kind of document. They did not deny it they are just "refusing" to do it. We strongly believe this is due to political reasons and as retaliation for the protests against the Venezuelan government that took place in the USA and around the world early in the year.

Any ideas about what he can do? Thanks in advance.

[Merrytooth 5,748]

Serve out the 2 years Home residency requirement?

Edited July 15, 2014 by Merrytooth

[Boiler 43,419]

Wait out the 2 years.

If they are looking to apply for a H1b unlikely to get it before then anyway.

[aaron2020 11,651]

He needs to uphold his end of the bargain.

Venzuela paid for his education and he agreed to return home for 2 years. Venezuela refuses to grant the waiver. He needs to return home for 2 years as he agreed to when he took the money for his education.

US laws states that he must meet the 2 years HRR before he can get any immigration benefit. His H1-b employer and USC wife can not help him immigrate to the US until he finishes the 2 years HRR or have a waiver.

Edited July 15, 2014 by aaron2020

[amaguirr 0]

Thanks for the input. However let me give you some more info.

The program he was sponsored by during his J1 has nothing to do with Venezuela and until now Venezuela had never denied or in his case refused to sign the letter (I know this because I have a lot of friends who have requested the letter before this year and it has always been granted since they didn't have any debts with the sponsor or the Venezuelan government). Actually the sponsor gave him all the required documents he needed to apply for the waiver.

Also, for those who are not familiarized with Venezuela's situation. The country is in its way to become a communist system. The levels of violence are very high, products of high necessity like medicines, meat, bread, milk for babies, etc are extremely hard to find and the riots in the streets are getting worse and worse. The government is taking over everything to the point that even leaving the country now is almost impossible because of the huge debt the country has with international airlines and getting a passport is very difficult too. Also, as I said before, we strongly believe that this is just retaliation against the Venezuelans outside the country because of the support we showed to the opposition party. Again, the embassy didn't say they were denying the no objection letter because of legal grounds, they are just "refusing" to do it with no explanations.

[Boiler 43,419]

They have either issued the letter or have not. The reasons either way are irrelevant.

If he can not get a passport, fly out, then not sure any of this is relevant anyway.

[aaron2020 11,651]

Thanks for the input. However let me give you some more info.

The program he was sponsored by during his J1 has nothing to do with Venezuela and until now Venezuela had never denied or in his case refused to sign the letter (I know this because I have a lot of friends who have requested the letter before this year and it has always been granted since they didn't have any debts with the sponsor or the Venezuelan government). Actually the sponsor gave him all the required documents he needed to apply for the waiver.

Also, for those who are not familiarized with Venezuela's situation. The country is in its way to become a communist system. The levels of violence are very high, products of high necessity like medicines, meat, bread, milk for babies, etc are extremely hard to find and the riots in the streets are getting worse and worse. The government is taking over everything to the point that even leaving the country now is almost impossible because of the huge debt the country has with international airlines and getting a passport is very difficult too. Also, as I said before, we strongly believe that this is just retaliation against the Venezuelans outside the country because of the support we showed to the opposition party. Again, the embassy didn't say they were denying the no objection letter because of legal grounds, they are just "refusing" to do it with no explanations.

The situation in Venezuela is irrelevant in regards to the 2 years HRR. If he wants asylum, then it would be relevant.

He needs either to meet the 2 years HRR or have a waiver.

If his government refuses to sign the waiver, the US can not help him until he finishes his 2 years HRR.

Edited July 15, 2014 by aaron2020