Exchange
Visitor (J) Visas
Important Note: A new Form 7002 is now
required for trainees and interns. Learn more, see Applying for an
Exchange Visitor Visa
Overview - About the Exchange
Visitor Program
Overview
– About the Exchange Visitor Visa
Qualifying
for an Exchange Visitor Visa
What
is SEVIS & SEVP? And what should you know about it.
Where
and When Do I Need to Apply for My Visa?
Applying
for an Exchange Visitor Visa - Required Documentation
What
are the Required Visa Fees?
Additional
Documentation
My
Visa Has Been Issued- When Can I Travel to the U.S.?
Spouses
and Children
Family
Members Following to Join the Exchange Visitor
Two
Year Foreign Residency Requirement
Can
I Enter on a Visitor Visa and Change Status to Exchange Visitor?
Exchange
Visitors Cannot Travel Without a Visa on the Visa Waiver Program
When
Can a Visitor Visa Be Used Instead of an Exchange Visitor Visa?
What
is a “Q” International Cultural Exchange Visitor?
Additional
Information
Misrepresentation
of a Material Facts, or Fraud
Visa
Ineligibility/ Waiver
Visa
Denials
Entering
the U.S-Port of entry
Staying
Beyond Your Authorized Stay in the U.S. and Being Out of Status
How
Long am I Permitted to Stay in the U.S. After my Program has Ended?
How
Do I Extend My Stay?
Further
Visa Inquiries
Overview - About the Exchange
Visitor Program
The Exchange Visitor Program is carried out under the provisions of
the Mutual Educational and Cultural Exchange Act of 1961, as amended.
The purpose of the Act is to increase mutual understanding between
the people of the United States and the people of other countries
by means of educational and cultural exchanges. International educational
and cultural exchanges are one of the most effective means of developing
lasting and meaningful relationships. They provide an extremely valuable
opportunity to experience the United States and our way of life. Foreign
nationals come to the United States to participate in a wide variety
of educational and cultural exchange programs.
The Exchange Visitor Program is administered by the
Office of Exchange Coordination and Designation in the Bureau of Educational
and Cultural Affairs. The internet website for information on the
Exchange Visitor Program is http://exchanges.state.gov/education/jexchanges.
At the conclusion of their program Exchange Visitor program participants
are expected to return to the home countries to utilize the experience
and skills they have acquired while in the United States.
In carrying out the responsibilities of the Exchange
Visitor Program, the Department designates public and private entities
to act as exchange sponsors. Designated sponsoring organizations facilitate
the entry of foreign nationals into the United States as exchange
visitors to complete the objectives of one of the exchange visitor
program categories, which are:
- Au
pair
- Camp
Counselor
- Student,
college/university
- Student,
secondary
- Government
Visitor
- International
Visitor (reserved for U.S. Department of State use)
- Alien
physician
- Professor
- Research
Scholar
- Short-term
Scholar
- Specialist
- Summer
work/travel
- Teacher
- Trainee
- Each
category of exchange has specific requirements and regulations.
To learn
about the foreign physician, au pair, camp counselor, summer work/travel,
and trainee categories select Bureau of Educational and Cultural Affairs,
Exchange Visitor Program, Private Sector Programs
To learn
about the post secondary student, college/university student, professor,
research scholar, short-term scholar, specialist, teacher and Government
Visitor and International Visitor categories, select Bureau of Educational
and Cultural Affairs, Exchange Visitor, Government Programs.
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Overview
– About the Exchange Visitor Visa
A citizen
of a foreign country, who wishes to enter the United States, generally
must first obtain a visa, either a nonimmigrant visa for temporary
stay, or an immigrant visa for permanent residence. The type of visa
you must have is defined by immigration law, and relates to the purpose
of your travel.
The Immigration
and Nationality Act (INA) provides the exchange visitor (J) nonimmigrant
visa category for persons who are approved to participate in exchange
visitor programs in the United States. This means that before you
can apply at an American Embassy or Consulate for a J visa you must
apply, meet the requirements, and be accepted for one of the Exchange
Visitor Program categories through a designated sponsoring organization.
If you are accepted as a participant in an exchange program, the sponsor
will provide you with information and documents necessary to apply
for the J visa to enter the United States.
Changes
introduced shortly after September 11, 2001 involve extensive and
ongoing review of visa issuing practices as they relate to our national
security. Visa applications are now subject to a greater degree of
scrutiny than in the past. Applicants affected by these procedures
are informed of the need for additional screening at the time they
submit their applications. So it is important to apply for your visa
well in advance of your travel departure date.
A visa
allows a foreign citizen to travel to the United States port-of entry,
and request permission from the Department of Homeland Security, Customs
and Border Protection, U.S. immigration inspector to enter the United
States. A visa does not guarantee entry into the United States.
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Qualifying
for an Exchange Visitor Visa
The Immigration
and Nationality Act (INA) is very specific with regard to the requirements,
which must be met by applicants to qualify for the exchange visitor
(J) visa. The consular officer will determine whether you qualify
for the visa. Applicants must demonstrate that they properly meet
the requirements to be issued an exchange visitor visa, including
the following:
- That
they plan to remain in the U.S. for a temporary, specific, limited
period
- Evidence
of funds to cover expenses in the United States;
- Evidence
of compelling social and economic ties abroad; and other binding
ties which will insure their return abroad at the end of the visit
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What is SEVIS and SEVP? What should you know about it?
The Student and Exchange Visitor Program (SEVP) is
designed to help the Department of Homeland Security and Department
of State better monitor school and exchange programs and F, M and
J category visitors. Exchange visitor and student information is maintained
in the Student and Exchange Visitor Information System (SEVIS). SEVIS
is an Internet-based system that maintains accurate and current information
on non-immigrant students (F and M visa), exchange visitors (J visa),
and their dependents (F-2, M-2, and J-2). SEVIS enables schools and
program sponsors to transmit mandatory information and event notifications
via the Internet, to the Department of Homeland Security and Department
of State (DOS) throughout a student or exchange visitor's stay in
the United States. Select SEVIS to go to the Department of Homeland
Security, U.S. Immigration and Customs Enforcement Internet site and
learn more
All exchange visitor applicants must have a SEVIS
generated DS 2019 issued by a Department of State designated sponsor,
which they submit when they are applying for their exchange visitor
visa. The consular officer will need to verify your DS 2019 record
electronically through the SEVIS system in order to process your exchange
visitor visa application to conclusion. Unless otherwise exempt, participants
whose SEVIS DS-2019 was issued on or after September 1, 2004 must
pay a SEVIS I-901 Fee to the Department of Homeland Security for each
individual program. The fee may be paid either through a special web
site, via Western Union, or by mail. See SEVIS-901 Fee or SEVIS for
further information on how to pay the fee.
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of page Where and When Do I Need to
Apply for My Visa?
Applicants may apply for their visa as soon as they are prepared
to do so. Exchange visitor visa applicants are encouraged to apply
for their visa early to provide ample time for visa processing. Applicants
for visas should generally apply at the American Embassy or Consulate
with jurisdiction over their place of permanent residence. Although
visa applicants may apply at any U.S. consular office abroad, it may
be more difficult to qualify for the visa outside the country of permanent
residence.
Applying for an Exchange Visitor Visa - Required
Documentation
As part of the visa application process, an interview at the embassy
consular section is required for visa applicants from age 14 through
79. Persons age 13 and younger, and age 80 and older, generally do
not require an interview, unless requested by embassy or consulate.
The waiting time for an interview appointment for applicants can vary,
so early visa application is strongly encouraged. Visa wait times
for interview appointments and visa processing time information for
each U.S. Embassy or Consulate worldwide is available on our website
at Visa Wait Times, and on most embassy websites. If you are authorized
by your sponsor to be accompanied by your spouse (husband or wife)
and children, they will also be given a Form DS-2019 and they can
apply at the same time. During the visa application process, usually
at the interview, an ink-free, digital fingerprint scan will be quickly
taken. Some applicants will need additional screening, and will be
notified when they apply. You may apply for your visa at an Embassy
or Consulate any time before the beginning of your exchange program.
Each
visa applicant must submit these forms and documentation, and submit
fees as explained below:
- DS
2019, Certificate of Eligibility for Exchange Visitor Status. You
will need to submit a SEVIS generated Form, DS-2019, which was provided
to you by your program sponsor. All exchange visitors, including
their spouses and dependents must be registered in the Student and
Exchange Visitor Information System (SEVIS), an Internet-based system
that maintains accurate and current information on non-immigrant
students and exchange visitors and their dependents (J-2 visa holders).
Your p rogram sponsor is responsible for entering your information
for the DS 2019 Certificate of Eligibility for Exchange Visitor
Status into SEVIS. Exchange visitors not part of a U.S. Government-sponsored
program will also have to pay a Sevis I-901 fee for each program.
Questions regarding your exchange program should be directly to
your program sponsor.
- A
Training/Internship Placement Plan, Form DS-7002. All exchange visitor
(J visa) trainee or intern visa applicants with DS-2019 forms dated
on or after July 19, 2007 (based on Box 7 on form) must also present
Training/Internship Placement Plan, Form DS-7002 when applying for
your visa. If your Form DS-2019 is issued prior to July 19, 2007
a Form DS-7002 is not required. For more information about the new
rules for trainee and intern programs, see the Bureau of Educational
and Cultural Affairs, Exchange Visitor Program, Private Sector Programs.
- An
application, Nonimmigrant Visa Application, Form DS-156, completed
and signed. The DS-156 must be the March 2006 date, electronic "e-form
application." Select Nonimmigrant Visa Application Form DS-156 to
access the electronic version of the DS-156.
- A
Supplemental Nonimmigrant Visa Application, Form DS-157 provides
additional information about your travel plans. Submission of this
completed form is required for all male applicants between 16-45
years of age. It is also required for all applicants from state
sponsors of terrorism age 16 and over, irrespective of gender, without
exception. Five countries are now designated as state sponsors of
terrorism, including North Korea, Cuba, Syria, Sudan, and Iran.
Select Special Processing Procedures to learn more. You should know
that a consular officer may require any nonimmigrant visa applicant
to complete this form. Here is Form, DS-157.
- A
Contact Information and Work History, Form DS-158, completed.
- A
passport valid for travel to the United States and with a validity
date at least six months beyond the applicant's intended period
of stay in the United States (unless country-specific agreements
provide exemptions). If more than one person is included in the
passport, each person desiring a visa must complete an application;
- One
(1) 2x2 photograph. See the required photo format explained in Nonimmigrant
Photograph Requirements.
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the Required Visa Fees?
- Nonimmigrant
visa application processing fee - Each applicant for a visitor visa
must pay a nonrefundable US $100 nonimmigrant visa application processing
fee
- Visa
issuance fee – Additionally, if the visa is issued, there may be
an additional visa issuance reciprocity fee, if applicable. Please
consult the Visa Reciprocity Tables to find out if you must pay
a visa issuance reciprocity fee and the fee amount. If there is
a fee for issuance for the visa, it is equal as nearly as possible
to the fee charged to United States citizens by the applicant's
country of nationality.
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Additional
Documentation
- It
is important that you refer to the Embassy Consular Section website
to determine visa processing timeframes and instructions, learn
about interview scheduling, and find out if there are any additional
documentation items required. Learn more by contacting the Embassy
Consular Section.
- Applicants
must demonstrate to the consular officer that they have binding
ties to a residence in a foreign country which they have no intention
of abandoning, and that they are coming to the United States for
a temporary period. It is impossible to specify the exact form the
evidence should take since applicants' circumstances vary greatly.
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My
Visa Has Been Issued- When Can I Travel to the U.S.?
- Be
advised of the Department of Homeland Security regulation which
requires that all J exchange visitors, and J-2 spouse and dependents
enter the U.S. 30 days or less in advance of the applicant's program
start date as shown on the Form DS-2019. Please consider this date
carefully when making travel plans to the U.S. Immigration officers
may deny you entry into the United States at your expense if you
attempt to enter more that 30 days before your program start date.
The 30-day limitation does not apply to current exchange participants
who are returning to continue with their exchange program.
- If
you want an earlier entry in the U.S. (more than 30 days prior to
the course start date), you must qualify for, and obtain a visitor
visa, as explained below; however, this is strongly discouraged.
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Spouses
and Children
- Spouses
and/or children under the age of 21 who wish to accompany or join
the principal exchange visitor (J) visa holder in the United States
for the duration of his/her stay require exchange visitor visas
(derivative J visas). The application procedure is the same as that
for a primary visa applicant. The sponsor must approve the accompaniment
of the spouse and/or children and who will each be issued their
own Form DS-2019. This form is used to obtain the required visa
and the spouse and dependents can enter the U.S. at the same time
as the principal exchange visitor or at a later date.
- Work
- The spouse and/or children of an exchange visitor in the U.S.
may not work in J-2 status. If employment is desired, the appropriate
work visa will be required. Before they can work, they must make
an application to DHS, US Citizenship and Immigration Services (USCIS)
and be approved for permission to work. They must file Form I-765
Application for Employment Authorization with the USCIS office that
serves the area where they live for a work permit (employment authorization
document). To learn more, select How Do I Get a Work Permit (Employment
Authorization Document)? to go to the USCIS Website.
- Study-
The spouse and/or children of an exchange visitor visa holder who
are in the U.S. on an exchange visitor visa may study in the U.S.
without also being required to apply for a student (F-1) visa or
change to F-1 status.
- Spouses
and/or children who do not intend to reside in the United States
with the principal visa holder, but visit for vacations only, may
be eligible to apply for visitor (B-2) visas, or if qualified, travel
without a visa under the Visa Waiver Program.
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Family
Members Following to Join the Exchange Visitor
The
spouse and children can also apply for visas after the principal applicant
has already traveled. In general, they must present the following:
- Form
DS 2019, SEVIS generated, and approved by the sponsor
- Proof
that the principal applicant (the person who received the DS-2019
or IAP-66) is maintaining his/her J visa status
- Copy
of the J-1's (principal applicant's) visa
- Proof
of relationship to the principal applicant
- Proof
of sufficient money to cover all expenses in the United States
- Spouses
and children of exchange visitors may not enter the United States
before the principal visitor enters for the first time.
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Two-Year
Foreign Residency Requirement
- An
exchange visitor is subject to INA 212(e) requirement, if the following
conditions exist:
- The
program in which the exchange visitor was participating was financed
in whole or in part directly or indirectly by the United States
government or the government of the exchange visitor's nationality
or last residence;
- The
exchange visitor is a national or resident of a country designated
as requiring the services of persons engaged in the field of specialized
knowledge or skills in which the exchange visitor was engaged for
the duration of their program (Exchange Visitor Skills List 9 FAM
41.62, Exhibit II);
- The
exchange visitor entered the United States to receive graduate medical
education or training.
- If
the exchange visitor is subject to INA 212(e) requirement, he or
she cannot change his or status to that of H, L, K, or immigrant
lawful permanent resident (LPR) until he or she has returned to
his/her home country for at least two-years or received a waiver
of that requirement. Such waivers can be obtained under five separate
bases: No Objection Statement, Exceptional Hardship or Persecution,
Conrad Program, or Interested Government Agency. For information,
see Waiver of the J Visa Two-Year Foreign Residence Requirement
212(e).
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Can
I Enter on a Visitor Visa and Change Status to Exchange Visitor?
- If
you want an earlier entry in the U.S. (more than 30 days prior to
the course start date), you must qualify for, and obtain a visitor
visa; however, this is strongly discouraged. If you travel to the
U.S. on a visitor visa, before beginning an exchange program, you
must obtain a change of visa classification from the B status to
that of J. You must file Form I-539 , Application for Change of
Nonimmigrant Status, with application fee, and also submit the required
Form DS-2019 to the Department of Homeland Security office where
the application is made. Please be aware that you cannot start your
exchange visitor program until the change of status is approved,
and therefore in view of the processing time to your change status
in the U.S., you may be in danger of missing your entire exchange
program waiting approval of change of status.
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Exchange
Visitors Cannot Travel Without a Visa on the Visa Waiver Program
- Citizens
from a country participating in the Visa Waiver Program (VWP), who
want to enter the United States temporarily, as exchange visitors
traveling to the United States, must first obtain a an exchange
visitor visa to come to the U.S. They cannot travel without a visa
on the Visa Waiver Program. Those travelers coming on the Visa Waiver
Program to participate in an exchange program may be denied admission
to the United States by the Department of Homeland Security, U.S.
immigration inspector at the port of entry. For more information
on VWP, see Visa Waiver Program
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When
Can a Visitor Visa Be Used Instead of an Exchange Visitor Visa?
- Some
activities that are done on exchange visitor visas are also permitted
on business (B-1) or tourist (B-2) visas in certain circumstances.
Short periods of study, or study which is recreational, and not
vocational, and incidental to the trip is permitted on a visitor
visa. The determining factor is the traveler's primary purpose in
coming to the United States. Furthermore, any kind of study that
would earn credit or certification is not permitted on a visitor
visa. As an example, if you are taking a vacation to the U.S., and
during this vacation you would like to take a two-day cooking class
for your enjoyment, and there is no credit earned, then this would
be permitted on a visitor visa. A consular officer will determine
the visa category you will need based on the purpose of your travel,
and your supporting documentation.
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What
is a “Q” International Cultural Exchange Visitor?
- The
Immigration and Nationality Act (INA) provides two nonimmigrant
visa categories for persons to participate in exchange visitor programs
in the United States. The "J" exchange visitor visa is for educational
and cultural exchange programs designated by the Department of State,
Bureau of Educational and Cultural Affairs, and is discussed here.
The "Q-1" visa is for certain international cultural exchange programs
designed to provide practical training and employment, and sharing
of the history, culture, and traditions of participants home country
in the United States. The training/employment must be approved in
advance by the office of the Department of Homeland Security, US
Citizenship and Immigration Services (USCIS) on the basis of a petition,
Form I-129, filed by the U.S. sponsor. To learn more, go to the
USCIS Website by selecting “Q” International Cultural Exchange.
To learn more about applying for the Q visa, select temporary worker
visa. The Irish Peace Process Cultural and Training Program or Walsh
Program (Q2, Q3 visa) is a groundbreaking cultural exchange and
employment-training program, administered by the Department of State.
To learn more, select Walsh Program.
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Additional
Information
- No
assurances regarding the issuance of visas can be given in advance.
Therefore final travel plans or the purchase of nonrefundable tickets
should not be made until a visa has been issued.
- Unless
previously canceled, a visa is valid until its expiration date.
Therefore, if the traveler has a valid U.S. visitor visa in an expired
passport, do not remove the visa page from the expired passport.
You may use it along with a new valid passport for travel and admission
to the United States.
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Misrepresentation
of a Material Fact, or Fraud
- Attempting
to obtain a visa by the willful misrepresentation of a material
fact, or fraud, may result in the permanent refusal of a visa or
denial of entry into the United States. Classes of Aliens Ineligible
to Receive Visas provides important information about ineligibilities.
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Visa
Ineligibility/ Waiver
- The
Nonimmigrant Visa Application, Form DS-156, lists classes of persons
who are ineligible under U.S. law to receive visas. In some instances
an applicant who is ineligible, but who is otherwise properly classifiable
as a visitor, may apply for a waiver of ineligibility and be issued
a visa if the waiver is approved. Classes of Aliens Ineligible to
Receive Visas provides important information about ineligibilities,
by reviewing sections of the law taken from the immigration and
Nationality Act.
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Visa
Denials
- If
the consular officer should find it necessary to deny the issuance
of a visitor visa, the applicant may apply again if there is new
evidence to overcome the basis for the refusal. For additional information,
select Denials to learn more. In the absence of new evidence, consular
officers are not obliged to re-examine such cases.
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Entering
the U.S-Port of entry
- A
visa allows a foreign citizen coming from abroad, to travel to the
United States port-of entry and request permission to enter the
U.S. Applicants should be aware that a visa does not guarantee entry
into the United States. The Department of Homeland Security, U.S.
Customs and Border Protection (CBP) officials have authority to
permit or deny admission to the United States. Exchange visitors
must have their Form DS-2019 in their possession each time they
enter the United States. Exchange visitors should review important
information about Admissions/Entry requirements on the Department
of Homeland Security, Customs and Border Protection website. Upon
arrival (at an international airport, seaport or land border crossing),
you will be enrolled in the US-VISIT entry-exit program. In addition,
some travelers will also need to register their entry into and their
departure from the U.S. with the Special Registration program. If
you are allowed to enter the U.S., the CBP official will determine
the length of your visit on the Arrival-Departure Record (Form I-94).
Since Form I-94 documents your authorized stay in the U.S., it’s
very important to keep in your passport.
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Staying
Beyond Your Authorized Stay in the U.S. and Being Out of Status
- You
should carefully consider the dates of your authorized stay and
make sure you are following the procedures under U.S. immigration
laws. It is important that you depart the U.S. on or before the
last day you are authorized to be in the U.S. on any given trip,
based on the specified end date on your Arrival-Departure Record,
Form I-94. Failure to departure the U.S. will cause you to be out-of-status.
Additional information on successfully maintaining your immigration
status while a student or exchange visitor can be found on the Immigration
and Customs Enforcement (ICE) website.
- Staying
beyond the period of time authorized, by the Department of Homeland
Security (DHS), and out-of-status in the U.S., is a violation of
U.S. immigration laws, and may cause you to be ineligible for a
visa in the future for return travel to the U.S. Select Classes
of Aliens Ineligible to Receive Visas to learn more.
- Staying
unlawfully in the United States, beyond the date Customs and Border
Protection (CBP) officials have authorized, even by one day results
in your visa being automatically voided, in accordance with to INA
222(g). Under this provision of immigration law, if you overstay
on your nonimmigrant authorized stay in the U.S. your visa will
be automatically voided. In this situation, you are required to
reapply for a new nonimmigrant visa, generally in your country of
nationality.
- For
nonimmigrants in the U.S. who have an Arrival-Departure Record,
Form I-94 with the CBP admitting officer endorsement of Duration
of Status or D/S, but who are no longer performing the same function
in the U.S. that they were originally admitted to do (e.g. you are
no longer working for the same employer or you are no longer attending
the same school), a DHS or an immigration judge makes a finding
of status violation, resulting in the termination of the period
of authorized stay.
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How
Long am I Permitted to Stay in the U.S. After my Program has Ended?
- The
initial admission of an exchange visitor, spouse and children may
not exceed the period specified on Form DS-2019, plus a period of
30 days for the purpose of travel. The 30-day grace or travel status
period is intended to be a period following the end of the exchange
visitor’s program and is to be used for domestic travel and/or to
prepare for and depart from the U.S., and for no other purpose.
A spouse or child (J-2 visa holder) may not be admitted for longer
than the principal exchange visitor (J-1 visa holder).
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How
Do I Extend My Stay?
- Those
exchange visitors who wish to stay beyond the time indicated on
their DS-2019 should review the Bureau of Educational and Cultural
Affairs information: Adjustments to the J-1 Status.
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Further
Visa Inquiries
- Questions
on visa application procedures and visa ineligibilities should be
made to the American consular office abroad by the applicant. Before
submitting your inquiry, we request that you carefully review this
web site and also the Embassy Consular web site abroad. Very often
you will find the information you need.
- If
your inquiry concerns a visa case in progress overseas, you should
first contact the U.S. Embassy or Consulate handling your case for
status information. Select U.S. Embassy or Consulate, and you can
choose the Embassy or Consulate Internet site you need to contact.
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If you
have any questions, please contact us at info@amln.org
or contact us by phone.
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