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Date: Mon, 20 May 2002 01:42:37 +0100
Dear Swiss List Members,
I am asking for some advice for my best friend, who has got a major
problem with her visa. Even though she is not Swiss, I know that for
some of us the two years rule does apply and maybe somebody else has had
similar problems with the INS.
THANKS for all your help
Claudia Nett, Baton Rouge, LA
Here is a brief explanation of herproblem:
In May 1999 I was issued a J1 visa in Nairobi Kenya where I was living
on a work permit (which expired in October 1999). The J1 visa was put
into my Dutch passport with a two year homestay rule, indicating that I
have to return to my homeland for two years after my J1 visa expires. I
questioned the American Embassy in Nairobi about this, and they told me
to have it changed once I was in America.
When I went to have the two year rule changed, I was informed by the
foreign student office that this rule was a mistake, as I was not funded
by either the Dutch, Kenyan or American government, and the Dutch do not
have a two year homestay requirement. They suggested to ask for an
"advisory opinion" from the INS, to rectify the error. I sent the INS
all the paperwork, passport photocopies, as well as a letter from the
Kenyan Embassador in Washington DC confirming that the two year rule
does not apply to me. I received a letter from the INS last week saying
that I WAS KENYAN and that the two year rule still would apply to me.
In other words, the INS never read the letter explaining that I am a
DUTCH citizen working in Kenya on a work permit at the time that the
American visa was issued.
I was now advised by the foreign student office to ask for a waiver of
the two year rule, however that takes 6 months to process, and even
though I have sent for the waiver, I do not have 6 months on my current
visa to wait for the INS reply. I also have a job offer to start work
on July 1 on an H1B visa, however I cannot process the H1B visa until
the waiver comes through.
Does anyone know how I can contact the woman in the INS who wrote the
letter saying that as a Kenyan the two year rule does apply? Is there
any way of challenging an "advisory opinion"?
Thank you,
**********
******************************** - Murton DVM
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Received on Sun May 19 2002 - 23:52:42 PDT
