Subject or Not Subject to the Two Year Home Residency Requirement

My visa says that I’m subject to the 212(e) rule but I’ve heard that it’s possible that I’m not subject to the 212(e) rule. I need to legal represent ion on this. Please let me know if you can help me.

Whether or not you are subject to INA Section 212(E) is determined by your program type, who funded the program, the purpose of the program and your nationality. The indications on your J1 visa and DS-2019 are usually correct but not always. Moreover, those indications are not binding. So if your visa says that you are subject but you feel that you are not, we can help you to obtain a binding legal opinion from the US Department of State to indicate that you are not subject to 212(E).

Posted on August 22, 2012 at 7:35 pm by Immigration Lawyer Peter Messersmith · Permalink
In: J-1 Visa, J-1 Visa Waiver · Tagged with: ,

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