USIA Sets Forth Policy on Waiver Requests for Persons Who Have Lost Their Home Country Citizenship
Posted Aug 19, 1998

As you may be aware, certain J-1 visa holders (medical doctors, those who took funding from the home country or the U.S. or those who are on the skills list etc.) are subject to a requirement that they return to their home country for two years after the completion of the program. The U.S. Information Agency ("USIA") has been requested to establish a policy granting waivers to applicants whose home country citizenship has been revoked as a result of acquiring citizenship or resident status in another country.

The fulfillment of the home country requirement may not be possible for such persons. The USIA has now announced that it will not adopt a blanket policy for such cases, because for many such persons it may be possible to return to their countries under a temporary status. Particular applicants in this situation who find it impossible to return to their home country must provide detailed evidence of such impossibility with their waiver requests. The USIA will then consider these applications on a case-by-case basis for the waiver or for compliance of the 2 year requirement in the country of new citizenship, if applicable.

As mentioned before in earlier Immigration Law Bulletins of the Law Office of Sheela Murthy, waivers of the home country residence requirement are complex issues, especially for medical doctors. It is advisable to consult with an attorney to assist in the process or obtain guidance.