J-1 Waiver Cases Slowed or Missing Due to Anthrax
Posted Feb 22, 2002

Anthrax has continued to cause problems for case processing ever since the disease spores were found at a facility handling mail for the U.S. Department of State (DOS). See our December 21, 2001 article entitled Anthrax Affects DOS Revalidation Procedure, which can be found on MurthyDotCom. Now anthrax contamination is interfering with the processing of waiver requests by persons with J-1 (exchange visitor) status. Apparently, some of these documents may have been misplaced.

Certain persons with J-1 status are subject to a two-year home return requirement. This means they must return to their countries of origin or last residence for two years at the end of their status. In some instances, individuals seek to "waive" or eliminate this requirement in order to remain in the U.S. without interruption.

According to information released in early February 2002, there may be J-1 waiver requests that have not reached DOS's Waiver Review Branch. The affected cases would have been sent during October 2001 or after. They include the various types of waiver applications: requests from interested U.S. Government Agencies and state health departments; "no objection" statements from foreign governments; and hardship or persecution findings from the INS. Not all cases are necessarily affected. DOS, however, has no way of knowing what may have been sent to them but was never received.

If more than 45 days have elapsed from the time a document was reportedly mailed, DOS advises the applicant to contact the agency or embassy that sent the item to confirm date and mode of the dispatch. After ensuring the materials were actually sent, attorneys who are members of the American Immigration Lawyers Association (AILA) can confirm receipt or non-receipt of these materials by utilizing a special procedure DOS has established for urgent cases only. No directions are available at this time for non-AILA attorneys or for individuals handling their cases without attorneys. In the event a case cannot be found, DOS will permit applicants to provide "reconstructed" applications, i.e. duplicate packages that are processed as originals.