the J1 2 year rule
Feb 7th 2007, 12:58 pm
#1
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the J1 2 year rule
I found this article relating to J1 visas and the 2 year rule: http://oie.ucsc.edu/forms/is3/j1_two_year_rule.pdf
It states that the 2 year rule does not prohibit a person from returning to the US with some other visa.
So what exactly is this rule then ?, does it just mean somebody cant extend the J1 past 7 years, or do they have to re-apply for visa outside the US ?
Any help appreciated !
It states that the 2 year rule does not prohibit a person from returning to the US with some other visa.
So what exactly is this rule then ?, does it just mean somebody cant extend the J1 past 7 years, or do they have to re-apply for visa outside the US ?
Any help appreciated !
Feb 7th 2007, 1:47 pm
#2
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Re: the J1 2 year rule
If you have a J-1 visa with a 2 year home residency requirement.
You cannot obtain an immigrant visa until your 2 year's in your home country has been completed, or you have received a waiver for your residency requirement. Time accumulates, and one doesn't have to spend the entire 2 years at one time in their home country. One can return on non-immigrant visa's as often as they wish, (at least to my knowledge)
If you never intend to immigrate to the USA, then this isn't a factor for you. But for people that are married to a US citizen or intend to marry, they cannot get a Fiance visa, or change their status until their 2 year requirement is waived or completed. Marriage to a US citizen is specifically NOT going to get out out of the requirement and will not save you from a ban if you overstay your visa.
You can get a non-immigrant visa and come back and forth as much as you want, so long as you don't break the law. Time in your home country accumulates. If you go back 1 month, count it toward the 24 months, just be sure you can prove your time there. When you have a J-1 with 2 Year HRR, otherwise known as Section 212(e) you never want to overstay!!!!!!! Otherwise you're subject to a ban on returning to the USA for up to 10 years.
Waivers to the J-1 seem to have become much more common, even for government funded individuals and Fullbright students. However, it is very hard to get a waiver if you are in the medical field. The most likely waiver you could receive is the no-objection waiver. The other waiver types are often a waste of time for someone to pursue.
Note, I'm not a lawyer, don't rely on my information
You cannot obtain an immigrant visa until your 2 year's in your home country has been completed, or you have received a waiver for your residency requirement. Time accumulates, and one doesn't have to spend the entire 2 years at one time in their home country. One can return on non-immigrant visa's as often as they wish, (at least to my knowledge)
If you never intend to immigrate to the USA, then this isn't a factor for you. But for people that are married to a US citizen or intend to marry, they cannot get a Fiance visa, or change their status until their 2 year requirement is waived or completed. Marriage to a US citizen is specifically NOT going to get out out of the requirement and will not save you from a ban if you overstay your visa.
You can get a non-immigrant visa and come back and forth as much as you want, so long as you don't break the law. Time in your home country accumulates. If you go back 1 month, count it toward the 24 months, just be sure you can prove your time there. When you have a J-1 with 2 Year HRR, otherwise known as Section 212(e) you never want to overstay!!!!!!! Otherwise you're subject to a ban on returning to the USA for up to 10 years.
Waivers to the J-1 seem to have become much more common, even for government funded individuals and Fullbright students. However, it is very hard to get a waiver if you are in the medical field. The most likely waiver you could receive is the no-objection waiver. The other waiver types are often a waste of time for someone to pursue.
Note, I'm not a lawyer, don't rely on my information
Last edited by no-spam; Feb 7th 2007 at 1:51 pm.
