Can an Attorney Request a J-1 Advisory Opinion for You?
DOS expressly permits the J-1 exchange visitor, the person's attorney, or the responsible or alternate responsible officer of the exchange program to request an Advisory Opinion.
Yes. DOS expressly permits the J-1 exchange visitor, the person's attorney, or the responsible or alternate responsible officer of the exchange program to request an Advisory Opinion. An attorney request still should include the complete program record and the information DOS needs to decide whether INA §212(e) applies.
DOS expressly allows attorney requests
The Department of State states that the J-1 exchange visitor, the person's attorney, or the responsible or alternate responsible officer for the exchange program may request an Advisory Opinion.
The substantive record remains the same
Attorney submission does not reduce the need for a complete program record. All DS-2019 or IAP-66 forms, visa evidence, program dates, funding information, and relevant residence documentation should still be provided.
Representation can help frame complicated histories
Multiple programs, conflicting annotations, indirect government funding, old Skills List issues, and prior residence can require a chronological legal explanation rather than a single-document review.
Program officers are another permitted requester
DOS also permits the responsible officer or alternate responsible officer of the exchange program to make the request, which can be useful where sponsor records are central to the question.
Frequently Asked Questions
Can my immigration lawyer submit the Advisory Opinion request?
Yes. DOS expressly permits an attorney to request an Advisory Opinion for the exchange visitor.
Can my J program sponsor request it?
The responsible or alternate responsible officer may also submit an Advisory Opinion request.
Does attorney submission change the required documents?
No. DOS still needs the underlying exchange visitor program record necessary to determine §212(e).
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.
Contact Us