Many individuals who come to the United States as J-1 Exchange Visitors are subject to a two-year home residency requirement, which requires them to return to their home country for two years before they can change status or apply for permanent residency in the U.S. 

However, in the case of Ukrainian citizens, this requirement can be dangerous. The war with Russia puts many citizens in Ukraine at risk of persecution and potential harm. Fortunately, due to these circumstances, many Ukrainians who hold J-1 visas may be eligible to apply for a J1 persecution waiver. 

What is a J-1 Persecution Waiver?

Individuals who cannot return to their home country can apply for the two-year home residency requirement waived on specific grounds, one of which is persecution. A J-1 persecution waiver allows J-1 visa holders to continue to live and work in the U.S. and adjust their status without the need to return to their home country. Given the ongoing conflict with Russia and the political and social instability in some areas of Ukraine, a J-1 persecution waiver can be an essential lifeline for those most at risk. 

To be eligible for a J-1 persecution waiver, you must meet the following criteria:

• Hold a J-1 visa or are subject to the two-year foreign residency requirement
• Have a credible fear of persecution in your home country and can provide evidence that you’d be at risk of harm, imprisonment, or other types of persecution if you were to return
• Have been physically present in the U.S. for at least six months before applying for the waiver
• Not subject to any bars to the waiver, such as a criminal conviction or immigration violations

Meeting the above requirements doesn’t ensure that the waiver will be granted; the waiver process can be complex, and you must be able to provide strong evidence of the persecution you’d suffer. For this reason, it’s recommended to work with an experienced immigration attorney who understands how to present your case in the most compelling light. 

Types of Persecution Ukrainian Citizens Might Be Subject to in Ukraine

There are a variety of ways Ukrainian citizens might be at risk of persecution if they’re forced to return to their home country, including:

• Political persecution (ex: members of opposition parties or having the opinion of a free Ukraine)
• Religious persecution (ex: members or converts of a minority religion)
• Ethnic persecution (ex: members of minority ethnic groups, like the Crimean Tartars or Roma)
• Social persecution (ex: members of marginalized groups, such as LGBTQ+ or people with disabilities)
• War and conflict (ex: living or have fled from a conflict zone, such as the Donbas region)

This is by no means an exhaustive list, and there may be many other situations where a Ukrainian citizen may be at risk of persecution in their home country. Whether the fear of persecution is considered credible will depend on the specific circumstances of your case. It can be beneficial to work with an immigration attorney to identify the source of persecution and evidence of the type of persecution you might receive if you were forced to return home. 

An Overview of the J1 Persecution Waiver Process

To apply for a J-1 persecution waiver, you’ll need to complete Form DS-3035 and gather the required supporting documents. In addition, you’ll also need to gather evidence that supports your persecution claim, such as:

• Written statements that detail the types of persecution you might suffer if you return to your home country for two years
• Medical reports and evaluations from healthcare professionals
• Detailed affidavits from yourself, close friends, and family members that explain the harm you’ve suffered from persecution
• Police reports 
• Government-issued documents that establish your ethnicity, nationality, and/or religion
• Proof of your membership or affiliation with particular groups or parties
• Proof that you’ve attempted to obtain documentation

After completing the application and gathering the required documentation and evidence, you’ll submit the application and pay the processing fee. The processing time is generally around three to four months; after the Review Division reviews the waiver, it will forward a recommendation to the USCIS for a final decision. You’ll receive the approval or denial of the waiver at the address USCIS has on file. 

Improve Your Chances of Obtaining a J1 Persecution Waiver

Ukrainians have long faced persecution from Russia due to a complex history involving political, cultural, and economic factors; the risk of persecution has only grown as the conflict between the two countries has become increasingly violent. The ongoing political tensions between Ukraine and Russia have led to restrictions on the Ukrainian citizens’ freedom of movement and expression and threats to their physical safety. 

If you believe you may be eligible to receive a J-1 persecution waiver, we urge you to schedule a consultation with Ranchod Law Group. As experienced immigration attorneys, we’ll guide you through the application process and work with you to create a detailed legal brief with a compelling argument for why your waiver should be approved. Please contact us at (916) 613-3553 to schedule a consultation or email us at info@ranchodlaw.com.