J1 Waiver / Govt of India / Min of Ext Affairs denied as I applied as Canadian citizen


Jack109

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Hello,

I had a J1 (non US government funding program) in 2004 approval by mail and relocated to Canada the same year (2004) and acquired Canadian citizenship (2007).I never enrolled in the program.

I applied for a J1 waiver in 2020 (No objection route in India) and the Govt of India (Min of External Affairs) refused my waiver application stating the applicant has to have a valid Indian passport at the time of J1 waiver application with the Govt of India. I do not fit into the typical categories for J1 waivers.

In lieu of recent changes to the policy in 2023 as below https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20231024-ForeignResidenceRequirement.pdf "USCIS will and does consult with the U.S. Department of State on a case-by-case basis when it is impossible for the benefit requestor to satisfy the two-year foreign residence requirement."

Is there a way for me to apply for a J1 waiver using the above protocol directly with the US Govt and not engaging the Govt of India.

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