J-1 and Other Waivers
Waiver of inadmissibility grounds may be available to certain foreign nationals, depending on their status and various equities.
Foreign nationals who seek to visit or reside in the United States are subject to number of determinations made by two branches of government, the Department of Homeland Security and the Department of State, as provided by law. Basically these terminations are who is eligible for admission (admissibility) and who is allowed to remain in the United States (deportability/removal). The law in this area is complicated and lacks cohesion. Nevertheless, the law provides a list of persons who are not permitted to enter and those who are to be removed if their presence becomes known or if they otherwise become inadmissible. Waiver of inadmissibility grounds may be available to certain foreign nationals, depending on their status and various equities.
Some foreign national exchange visitors who hold or previously held J-1 exchange visitor status also may require a waiver of the requirement that they reside in their country of permanent residence for two years prior to becoming eligible for U.S. permanent resident status or many types of common U.S. work visas. There are four bases on which a waiver of the two-year foreign residence rule can be obtained.