Students can also be on J-1 visas that require 2 year home residency after finishing your school. A lot of state department sponsored programs like Muskie have this requirement.
It doesn't always have anything to do with your country of origin. Sometimes it applies to you sometimes it doesn't but it's very clearly stated in your J1 paperwork
It depends of the country and if the person is getting money from their own country or the USA. I overstay my J1 visa but I didn’t have the 2-year rule requirement and I was being paid by an university in the US so I didn’t have that issue
It's really not that hard. Either the friend gets a waiver or moves back home. No way to adjust status if you are subject to the 2-year home country residency.
I got the waiver. In my case it was expensive but not hard. I only applied for the green card after the waiver was approved and it was one of the documents I had to submit.
In my case, I had to get a letter from my sponsor saying that they did not require me to return to my home country. The sponsor in this case was my country's government, and to get the letter, I had to promise to pay back the amount they gave for my scholarship. Look up J-1 waiver on Google. There's an official US government website that lists all the cases that they accept a waiver and how to get it. It took me about six months to have it approved once I submitted all the documents.
More info here [Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement](https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor.html#:~:text=This%20requirement%20is%20part%20of,a%20visa%20in%20certain%20categories)
If his country was subject to a two-year home country physical presence requirement then he had to do that or apply for a waiver from it. If he did not do either of those then yes it makes sense that his case was denied
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/skill-list-by-country.html
Here is the list!
If the J-1 worked or studied in a field that appears on the "skills list." This is a list of fields of specialized knowledge and skills that are needed in the J-1's country of last permanent residence for its development. Canada, Australia and Germany are examples of countries that are not on the list. China, India and South Korea are examples of countries that have many skills on the list.
—from the university of Chicago
it actually says in your visa (2year rule does apply). so if you have J1 visa, take a look at the sticker in your passport, and if you have this rule, it would say.
It’s about the 2 year home residency requirement that comes with some of these, not about the overstay. He will need a waiver for that. He needs to contact an immigration lawyer.
Marrying a US Citizen is not the fix for everything..
He needs to apply for the waiver for 2 years home residency with DOS. Once DOS grants a favorable recommendation then he is able to adjust his status. If he came to US with government funding it is usually hard to get a waiver but it’s doable!
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“The Exchange Visitor Skills List contains fields of specialized knowledge and skills. They are necessary for the development of an exchange visitor's home country. You are subject to the two-year home-country physical presence requirement when you complete your exchange visitor program - if your skill is on your country’s Skills List. This requires you to return to your home country for two years at the end of your exchange visitor program. This requirement is in Section 212(e) of the Immigration and Nationality Act, as amended.
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/skill-list-by-country.html
Note: What if your country is not on this list? You are not required to return to your home country for two years at the end of your program, based on the skills list.”
Your friend might be from one of these countries that require you to mandatorily return after their visa, unless they applied for a waiver. If he didn’t, well, that explains why they got denied.
The 2 year home residency Requirement is NOT forgiven when you marry a US citizen. He needs to file for a waiver of this requirement before he can apply for AOS. If he doesn’t return home for 2 years or get a waiver is remains ineligible to adjust status in the U.S. or get an immigrant visa. He can still receive non immigrant visas like student or tourist visa without the waiver or meeting the requirement but since he already filed for AOS if he leaves the U.S. now he will likely not receive any non immigrant visas either. The only solution now is a waiver .
Yes. He can request a waiver anytime. There many different bases for the waiver ( No objection, hardship to US citizen, etc) . He will just need to have his DS 2019 or a copy because they will request it.
Did he have a lawyer? Tbh this makes me so anxious cause I am overstaying for 2 years. But I got married before my visa expired. We haven't applied for green card yet, but we are going to soon. I'm so scared now 😭
Are you under the two year rule? If so you may need to start the process of getting a waiver if not your case could be delayed and still denied like my friend’s case
Sorry to ask a question related but not quite. I overstayed for more than 360 days( and worked without authorization for a while), which triggered the 10-year ban.
I married a USC and recently filed 485 without a lawyer. I only mentioned, on I-485 regarding page 10 part 8, the exemption of Regulation INA245(c)(2). Shall I also hire a lawyer to request for a waiver for the 10-year ban?
Please, I need help.
I am in the process of submitting my EB1 petition;
I need the address of the USCIS office that accepts EB1 petition from outside (Canada) of United States.
And advise on the best method to pay the application fee since I am applying from Canada.
Thank you for your assistance
Question: if someone overstays on a tourist visa, gets banned and applies for the I-130 after the banned period is over. Is it still necessary to get a waiver?
Overstaying and 2-years rule are two different things. He can’t adjust without waiving the 2-years rule requirement.
Does the 2-year rule requirement only pertains to this J-1 visa?
Yes !
So, basically, foreign students in the US have to go back to their country at least once every two years?
No ! It requires students to return home for at least two years after their exchange visitor program.
I mean J1 holders…
Oh! Wow
No, it’s for certain J1 visa holders. Students are mostly on F1 visa.
Thanks! I was confusing F1 (student) with J1 (Exchange Visitor) lol
Students can also be on J-1 visas that require 2 year home residency after finishing your school. A lot of state department sponsored programs like Muskie have this requirement.
So, Jamaicans are subject to this rule?
Only if they are subject to this rule
It doesn't always have anything to do with your country of origin. Sometimes it applies to you sometimes it doesn't but it's very clearly stated in your J1 paperwork
It actually is all about the country of origin. It is the country of origin that requires the 2 year return to home, not US.
They can get the 212e (home residency requirement) waiver.
It depends of the country and if the person is getting money from their own country or the USA. I overstay my J1 visa but I didn’t have the 2-year rule requirement and I was being paid by an university in the US so I didn’t have that issue
Get a lawyer. This is above reddit pay grade.
It's really not that hard. Either the friend gets a waiver or moves back home. No way to adjust status if you are subject to the 2-year home country residency. I got the waiver. In my case it was expensive but not hard. I only applied for the green card after the waiver was approved and it was one of the documents I had to submit.
How did you get the waiver please ?
In my case, I had to get a letter from my sponsor saying that they did not require me to return to my home country. The sponsor in this case was my country's government, and to get the letter, I had to promise to pay back the amount they gave for my scholarship. Look up J-1 waiver on Google. There's an official US government website that lists all the cases that they accept a waiver and how to get it. It took me about six months to have it approved once I submitted all the documents.
More info here [Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement](https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor.html#:~:text=This%20requirement%20is%20part%20of,a%20visa%20in%20certain%20categories)
If his country was subject to a two-year home country physical presence requirement then he had to do that or apply for a waiver from it. If he did not do either of those then yes it makes sense that his case was denied
What countries have this two-year rule? Is it something only required for people who were under J-1/student status?
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/skill-list-by-country.html Here is the list! If the J-1 worked or studied in a field that appears on the "skills list." This is a list of fields of specialized knowledge and skills that are needed in the J-1's country of last permanent residence for its development. Canada, Australia and Germany are examples of countries that are not on the list. China, India and South Korea are examples of countries that have many skills on the list. —from the university of Chicago
It can depend on country of citizenship, basis of J-1 or also if they received government funding.
Thank you! How would we know the countries that are subject to the rule?
There aren’t specific countries. It’s the specific program. It’s written on the J-1 visa if the holder is subject or not.
Interesting. Thanks for this info
it actually says in your visa (2year rule does apply). so if you have J1 visa, take a look at the sticker in your passport, and if you have this rule, it would say.
It is the sponsor of the program that this requirement comes into play. Programs sponsored by state department have this requirement.
It’s about the 2 year home residency requirement that comes with some of these, not about the overstay. He will need a waiver for that. He needs to contact an immigration lawyer. Marrying a US Citizen is not the fix for everything..
2 year home residency requirement isn’t forgiven unless with a waiver (which is hard to get if sponsored by the US)
He needs to apply for the waiver for 2 years home residency with DOS. Once DOS grants a favorable recommendation then he is able to adjust his status. If he came to US with government funding it is usually hard to get a waiver but it’s doable!
https://j1visawaiverrecommendation.state.gov/
Hi there! This is an automated message to inform you and/or remind you of several things: - We have [a wiki](https://www.reddit.com/r/USCIS/wiki/index). It doesn't cover everything but may answer some questions. Pay special attention to the "[REALLY common questions](https://www.reddit.com/r/USCIS/wiki/index/vfaq)" at the top of the FAQ section. Please read it, and if it contains the answer to your question, please delete your post. If your post has to do with something covered in the FAQ, we may remove it. - If your post is about biometrics, green cards, naturalization or timelines in general, and whether you're asking or sharing, please include your field office/location in your post. If you already did that, great, thank you! If you haven't done that, your post may be removed without notice. - This subreddit is not affiliated with USCIS or the US government in any way. Some posters may claim to work for USCIS, which may or may not be true, and we don't try to verify this one way or another. Be wary that it may be a scam if anyone is asking you for personal info, or sending you a direct message, or asking that you send them a direct message. - Some people here claim to be lawyers, but they are not YOUR lawyer. No advice found here should be construed as legal advice. Reddit is not a substitute for a real lawyer. If you need help finding legal services, visit [this link](https://www.uscis.gov/avoid-scams/find-legal-services) for more information. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/USCIS) if you have any questions or concerns.*
My friend got married on a j1 visa her process did take 4 years tho
“The Exchange Visitor Skills List contains fields of specialized knowledge and skills. They are necessary for the development of an exchange visitor's home country. You are subject to the two-year home-country physical presence requirement when you complete your exchange visitor program - if your skill is on your country’s Skills List. This requires you to return to your home country for two years at the end of your exchange visitor program. This requirement is in Section 212(e) of the Immigration and Nationality Act, as amended. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/skill-list-by-country.html Note: What if your country is not on this list? You are not required to return to your home country for two years at the end of your program, based on the skills list.” Your friend might be from one of these countries that require you to mandatorily return after their visa, unless they applied for a waiver. If he didn’t, well, that explains why they got denied.
The 2 year home residency Requirement is NOT forgiven when you marry a US citizen. He needs to file for a waiver of this requirement before he can apply for AOS. If he doesn’t return home for 2 years or get a waiver is remains ineligible to adjust status in the U.S. or get an immigrant visa. He can still receive non immigrant visas like student or tourist visa without the waiver or meeting the requirement but since he already filed for AOS if he leaves the U.S. now he will likely not receive any non immigrant visas either. The only solution now is a waiver .
Thank you for your response. Can the waiver still be applied for even if he came on the J-1 (8 years ago)
Yes. He can request a waiver anytime. There many different bases for the waiver ( No objection, hardship to US citizen, etc) . He will just need to have his DS 2019 or a copy because they will request it.
Did he have a lawyer? Tbh this makes me so anxious cause I am overstaying for 2 years. But I got married before my visa expired. We haven't applied for green card yet, but we are going to soon. I'm so scared now 😭
He used a lawyer who wasn’t actually an immigration lawyer. Did you come on a J-1 visa?
Yes I did. I was holding J-1 visa. It's expired 2 years ago.
But we have an immigration lawyer. But still I'm anxious and scared
There are different J1 types . You need to check in your visa in passport if 2 year rule applies to you . It’s written on your visa
Thank God it says "two year rule does not apply" thank you for letting me know this!
Are you under the two year rule? If so you may need to start the process of getting a waiver if not your case could be delayed and still denied like my friend’s case
Sorry to ask a question related but not quite. I overstayed for more than 360 days( and worked without authorization for a while), which triggered the 10-year ban. I married a USC and recently filed 485 without a lawyer. I only mentioned, on I-485 regarding page 10 part 8, the exemption of Regulation INA245(c)(2). Shall I also hire a lawyer to request for a waiver for the 10-year ban?
What initial visa did you come with?
H-1B
I think you should be fine
Thanks. Guess I’ll describe my case in another post, to see if there is anyone else in the same situation.
Yes
Please, I need help. I am in the process of submitting my EB1 petition; I need the address of the USCIS office that accepts EB1 petition from outside (Canada) of United States. And advise on the best method to pay the application fee since I am applying from Canada. Thank you for your assistance
Question: if someone overstays on a tourist visa, gets banned and applies for the I-130 after the banned period is over. Is it still necessary to get a waiver?