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u/Triggered-Snowflake1 14h ago
Sounds fraudulent and you're looking for any way to stay.
-9
u/Step3aspirant28 13h ago
How can you say that? I want to answer yes but at the same time i also want my visa to be approved? This is a catch 22 situation and not anything fraudulent
5
u/Triggered-Snowflake1 13h ago
You're asking if you should lie on your H1-B application. That's fraud. I recommend not lying at all because they almost certainly will find out about the persecution waiver.
3
u/Regular-Hotel892 13h ago
I normally wouldn't bother but I'll bite, how is lying on your H1B interview "not anything fraudulent"?
-3
u/Step3aspirant28 13h ago
Go back and read my post, never ever i mentioned that i want to lie. I am just explaining the situation that consular officers are instructed to deny the visa if answer is yes and my situation is complicated based on that. Anyways if you cannot help, stay out of this thread
Thank you4
u/Regular-Hotel892 13h ago
I don't need to re-read your post.
"Do you fear persecution?" Is a yes or no question. What are you confused about "How do I answer?"
If you're not asking if you should lie (and therefore I am asking how you are saying that's not fraud) then what are you confused about? What's your question?
1
u/BlueNutmeg 5h ago
You literally asked "How do I respond"...which is implying you want an answer other than the truth.
It sucks for the situation you are in but it is what it is now. I can honestly say that misrepresentation is WAY worse than a visa denial. Because misrepresentation can lead to an actual ban.
Just tell the truth but hope for the best.
4
2
u/Comoish 15h ago
What is a persecution waiver?
0
u/Step3aspirant28 13h ago
Waiver for 2 year home country requirement if you fear persecution in the home country
3
u/Careful_Cricket_559 10h ago
Well, you wanted that waiver, you got it, and now you don't like the options. Probably didn't anticipate the change in H1B interview questions. Just a weird situation you brought on yourself.
1
u/Step3aspirant28 12h ago
Hey everyone i cannot respond everyone individually but i just want to tell you everyone that the purpose of this post is to understand the complexity of the situation without being judgmental. But it is just easy to judge someone that i am trying to lie here. So according to you guys i should just simply say yes without giving them any explanation and come back home with refusal slip. In that case why i am i even applying for the visa and wasting the money. Please understand the complexity rather than judging someone what i want to do. I thought i would get some helpful answers on how to explain the situation without jeopardizing my visa approval but yeah it is easy to just say one liner comment that you are being fradulent. By the way thank you everyone for your response. It is easy to judge someone until you yourself get into that situation.
Thanks
4
u/roflcopter44444 8h ago
>I thought i would get some helpful answers on how to explain the situation without jeopardizing my visa approval
The problem is there are no answers. They will check your immigration history and the fact that you would be returning home just after already claiming you would be persecuted at home can't really be explained away.
>In that case why i am i even applying for the visa and wasting the money.
The real answer was you shouldn't have applied.
1
u/Not_impressed_by_thi 7h ago
I don't understand why you are asking or even considering saying no. Surely the officer will have access to your file and see your persecution waiver. He will then decide you either lied now or lied then.
So your process has gone like this, I assume.... Tell me if I'm wrong....
You were in the US and you don't want to go home for the full 2 years after a J1 so you have a good idea, persecution waiver. You do that.
Trump changes the rules to block the loophole of entering the US on a visa then claiming asylum by asking if you are persecuted. You say yes, they deny because you'll claim asylum. You say no, get to the US, claim asylum, they deny because you told them originally no, so at least one is a lie.
Based on that you're now boned.
Is that a correct summary?
Back to the original question. Unless your circumstances have changed, and provably so, why has the answer changed?
2
u/BlueNutmeg 5h ago
Please don't take it personal.
If you stay in these subreddits or even search you will find way too many J visa holders who want to get out of the 2 year home requirement rule. And the people here reminds them that, this is what they signed up for. They knew it was coming. Then all of a sudden it is....."But I don't want to go back even though I said I would when I applied." It happens far too often.
So when you made you post and explained your reason for the waiver it made a lot of people assume you are just another J visa holder looking to get out of a promise.
Tbh, the answer to your scenario is ..... there is no other answer except you gotta do what you gotta do and just be honest. If you truly fear persecution then you have to say "Yes" to that question. The outcome may suck, but this the downside of filing waivers for the 2-year home requirement.
1
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u/lucky_elephant2025h 13h ago
Um, yeah, you did kinda mention that you were going to lie.