66. Can I ask for reconsideration, if my application for the exceptional hardship is denied by the USCIS?
Yes, requests to reopen an exceptional hardship application are made through the USCIS. If USCIS determines the new information warrants a reopening of the case, USCIS will forward a new Form I-612, Application for Waiver of the Foreign Residence Requirement, to the DOS for its consideration.
67. Can I ask for reconsideration, if my J-1 waiver application based on fear of persecution is denied by the USCIS?
Yes, requests to reopen persecution applications are made through the USCIS. If the USCIS determines that new information warrants reopening of the case, USCIS will forward a new Form I-612 Application for Waiver of the Foreign Residence Requirement to the Department for its consideration.
68. For a J-1 waiver recommendation case, what is the significance of an advisory opinion?
An advisory opinion is a request for a statement from the Waiver Review Division as to whether an exchange visitor is subject to Section 212(e) of the Immigration and Nationality Act, as amended.
69. What is the appropriate time for me to seek an advisory opinion for J visa waiver recommendation?
You should only request an advisory opinion after you have participated in a J-1 program and you have doubts whether you are or are not subject to Section 212(e) of the Immigration and Naturalization Act.
70. Can anyone else request an advisory opinion for J-1 waiver recommendation on my behalf?
Yes, your attorney or your responsible/alternate officer may request an advisory opinion for you.