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DV-2012 and the 2-year Home Residence Requirement (HRR). Please help

Nexus

Registered Users (C)
Hey guys,

I have been selected for the DV-2012, CN: 2012EU00001XXX. I am filling the form DS-230 and the question 40J, ask you: "An alien who is a former exchange visitor who has not fulfilled the 2-year foreign residence requirement". Well, in 2010 I had an J-1 visa with 212(e) requirement (2-year home residence) HRR. That visa J-1 expired on the 09/17/2010, so that means that I will fulfill my HRR on 09/17/2012, which is before the end of the fiscal year 2012 (September 30, 2012). So, this means I can still get the DV-2012. So, my question is: if I answer "YES" to the question 40J on the DS-230, will the KCC automatically drop my application or in any case will I receive an appointment for the interview at the embassy?. Should I answer "YES" to that question?

As you see I have a very low number, so this means that I should be called for the interview at the embassy in October 2011. I can ask for a waiver of the HRR, the statement of No Objection, it takes 6 to 8 weeks, and If I am lucky and get it, then by the time of the interview, the HRR will no longer apply to me.

I called to KCC, and they don't know. I called the General Visa Inquiries, and they don't know. I called the embassy and they don't know, but they gave an email address of somebody at the embassy who can answer my questions. I already emailed them. The KCC, and the General Visa Inquiries told me that the embassy is one who decide about the eligibility of each candidate, not the KCC.

I am extremely worry about all this, and the possible incompatibility between the DV and HRR. Given my case, do you guys think I am already ineligible?

Is anyone here in a similar situation or has been in the past?

Please, help
 
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