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Thread: Urgent please advice my case!

  1. #1
    I entered the US with J-1 visa without the 2 year rule written on my visa and my DS-2019 also says that i am not subject to the 2 year home residency requirement. I have recently applied for AOS marriage based.
    My question is which INS want a waiver for my situation ?

  2. #2
    I entered the US with J-1 visa without the 2 year rule written on my visa and my DS-2019 also says that i am not subject to the 2 year home residency requirement. I have recently applied for AOS marriage based.
    My question is which INS want a waiver for my situation ?

  3. #3
    If you are not subject to the two-year foreign residency requirement, you do not need to apply for a waiver.

    Assuming that your application is meritorious and has been filed properly, you should be able to adjust status to lawful permanent residence without the need to file any further application with either the U.S.C.I.S. or the Department of State.

  4. #4
    Hi

    This is interesting and I haven't heard of this ... coz all J visas I guess have 2 yrs foreign residency requirement ... but if it says like you wrote here ...then I guess there shouldn't be a problem with AOS ...good luck ... Pasha

  5. #5
    No, not all J visa holders are subject to this requirement.

    Foreign au pairs are an example of J visa holders who are not subject to the two-year foreign residency requirement.

    In contrast, the most common group of J visa holders who are subject to the two-year foreign residency requirement seems to be foreign medical graduates.

    Whether you are - or are not- subject to the requirement will be obvious from your visa, because that information will be printed on it.

  6. #6
    Well Pasha Patel if the program is directly or indirectly supported by the foreign government there is 2 year residency requirement. The reason i asked is cause the sponsor i came from has no relation to the government and i have seen websites where lots of people experienced home residency requirement although they had no 2 year rule on their visa.
    I hope my case goes good and i won't encouter problems in the future!
    thanks again it's good to know people care in here.

  7. #7
    Dejavultd,

    Lazarus is right. You do not need a waiver. I know from experience.

  8. #8
    Thank you for sharing your thoughts and experience SERGIO

  9. #9
    Hi
    I was in a similar situation. It sounds like that you are not subject to the 2-year residency requirement. However, the only way to be sure is to request an advisory opinion from the department of state. Ultimatly, they have the last word in this kind of matter. Check http://travel.state.gov/j_faq.html#opinions. To request the advisory opinion, send a cover letter with copies of your passport, visa, I-94, copies of ALL DS-2019(formerly IAP-66) and a self addressed envelope to

    U.S. Department of State
    CA/VO/L/W, Visa Services
    2401 E Street, NW, (SA-1)
    Washington, DC 20522-0106

    It will take around 6-8 weeks, and they'll send you in writing the "advisory opinion" if you are subject or not. This should satisfy the USCIS and settle the 2-year residency question once and for all.
    Hope that helps,
    Marcaurel

  10. #10
    I have known cases where the USCIS makes decision about these kind of cases but i am not sure because it takes a long time to get a waiver or a decision like you said that takes 6-8 weeks.

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