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  • Foreign residency waiver

    I was on a J-1 visa and I am subjected to the 2 years foreign residency requirement. Currently I am on H-1B. I am also married to U.S Citizen for more than 2 years. I want to change my status to permanent resident but I know that if someone were in J-1 and subjected to the 2 years requirement may be not eligible to change his/her status to permanent resident unless he/she get the waiver. I applied for a waiver based on "No Objection" letter but my waiver denied although I got a non objection letter from my embassy. Now I have the option to apply for a waiver based on "Hardship". But Hardship is very hard to prove. Mere spouse separation and economic or emotional hardship are not enough reason to get the waiver. I will not be able to leave my wife alone and at the same time I will not be able to take her with me since I don’t have a job in my country and it is impossible to get one there. I really need help in that

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