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Immigration Attorney Will Help with Waiver Application Process

By Mark Etinger

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Published: 19Feb2012
Word count: 477
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Immigration law and the regulations on visas may seem very overwhelming. As such, it is important that both an applicant and his potential employer seek the expertise of a US immigration lawyer.

Although each case is unique, the attorney's vast scope of knowledge will enable him to address the needs expressed in certain situations. For example, different types of visas, such as J-1 visas, include special waiver provisions that may be invoked in specific cases.

There are numerous types of waivers, and the process for applying is a multi-step endeavor that includes the involvement of several international, US, and state agencies and departments. Since this is such an involved task, a waiver applicant should not undertake without the guidance of a US immigration attorney. The immigration attorney and the candidate will be able to determine which waiver category best applies to him.

A No-Objection Waiver is offered to an exchange visitor who is a qualified applicant based either on the skills list set or because he received direct or indirect funding from the government of his country of origin or the US. However, a foreign medical student is not considered a member of this category. In order to obtain the waiver, the applicant's foreign residency requirement must be waived. The mandate will be relinquished if the foreigner's home country issues a statement that indicates that it does not object if the individual does not return to the country for the two-year period. This statement may also be helpful or necessary for other waiver applications.

A Hardship Waiver is offered to an exchange visitor who is able to show that returning to his home country would create exceptional difficulty for the US citizen or Legal Permanent Resident's spouse or child. Additionally, a foreign medical student is eligible for this waiver. The hardship that would be placed on the spouse or child must be demonstrated to be greater than the difficulty faced by anyone who moves to a new country. Such mitigating factors include a medical or psychological condition, as well as political, religious, economic, or social conditions in the home country.

A Persecution Waiver may be granted to an exchange visitor who proves that he cannot to return to his home country lest he be subject to persecution based on race, religion, or political opinion. Once again, a foreign medical graduate is eligible for this waiver. This category best serves a candidate who does not have a US Citizen or Legal Permanent Resident spouse or child.

These are just some of the waiver categories available to applicants. In order for a candidate to navigate the application process, he should consult a US immigration lawyer. The immigration attorney will be able to help the applicant determine which category most pertains to him.

www.GreenCardMaker.com is the site for the Law office of Keshab Raj Seadie, PC, a New York City immigration attorney specializing in H1b visas, transfers and more.

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