Can You Apply Under More Than One J-1 Waiver Basis at the Same Time?
DOS instructs applicants to submit a waiver recommendation application under only one of the five waiver bases. Multiple possible legal theories should therefore be evaluated before selecting the DS-3035 basis.
DOS expressly requires one basis
The current DOS FAQ states that an applicant may apply using only one waiver basis and should select the basis under which the applicant believes they qualify.
Several bases may still be legally available
A person may have facts potentially supporting more than one type of waiver, such as both a qualifying family-hardship case and possible federal-agency interest.
Possible alternatives should be assessed before filing
Because the application itself uses one basis, the applicant should consider evidentiary strength, required third-party cooperation, legal eligibility, and future immigration timing before choosing the route.
A failed basis does not necessarily end every waiver possibility
DOS states that most applicants denied under one basis may later submit a new waiver application under a different basis if that other basis applies.
Frequently Asked Questions
Can I check hardship and No Objection on the same DS-3035?
No.
Can I qualify factually for more than one possible route?
Yes.
Can another basis be considered later after a denial?
Potentially yes, through a new application when that other basis applies.
Need Help With a J-1 Waiver?
The Messersmith Law Firm represents J-1 exchange visitors, physicians, researchers, professionals, and families in complex INA §212(e) matters.
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