Indian Doctor Wins Early Bid To Waive J-1 Residency Mandate

Law360 (January 2, 2019, 5:38 PM EST) -- An Indian doctor will get another chance to dodge a visa requirement under the J-1 visitor exchange program mandating that she spend two years in India, after a U.S. Citizenship and Immigration Services appeals body revived her claims that her family would suffer from her departure from the U.S.

In what appears to be the agency’s second sustained waiver appeal in 2018, USCIS’ Administrative Appeals Office found that the doctor’s spouse, a U.S. permanent resident, and her U.S. citizen children “would experience hardship that significantly exceeds” the typical suffering stemming from the temporary separation of families if the doctor is required...

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