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DV and J1

E

Essam Ahmed

Registered Users (C)
Hi
Does winning the DV lottery waive the J1 home residency requirements?
Let say one finished his J1 and then become Canadian residence and after 3 years he won the DV lottery. Can he get the immigration visa ????

Essam
 
Unfortunately, it doesn't. If you didn't spend two years in your home country, you will need to get a 2-year foreign residency No Objection waiver. If your J1 visa was for program sponsored by Educational Commission for Foreign Medical Graduates (ECFMG), you cannot get the waiver.
For more info check this link http://travel.state.gov/visa/temp/info/info_1294.html
Also start the process immediately. I had to get mine and it took 15-16 weeks to get it.
 
What you mean by "foreign residency". I was on J1 more than 3 years ago and then left US to Canada (country of residance) but did not go back to my home country and now after 3 years being in Canada, I won the DV-2006 lottery. Did I fullfil the 2-year foreign residency or not, because on the DS-230 Part II, page 4 , question 30, section J it asked if the foreign residency is fulfiled , so I don't know waht to answer that question, is yes or no

Also, on my IAP-66, there is no clear indication (left bottom corner of the form) that I am subjected to two year residency requirement.

Any comment or suggestion
 
What was your country of permanent residence before you entered the US on J-1? It's indicated on your IAP-66. If you didn't spend two years there after J-1 program, you are still a subject. Look in your passport, IAP-66 and visa annotations. If all of them do not say that you are a subject, you may not be a subject.

However, if you had any US or home country financing, then you are a subject. If you were a physician on J-1, you are a subject. You could also be a subject based on skills list for your home country.

http://travel.state.gov/visa/temp/info/info_1296.html
http://travel.state.gov/visa/temp/types/types_1267.html#12
 
Just check the visa in your passport. If it says "The two-year foreign residency requirement applies", since you didn't spend 2 years at your home country, it means you need to get No Objection Waiver.
 
The visa on my passport does not say any thing about "The two-year foreign residency requirement applies", also same thing on my IAP-66. on my passport it says Visa type/Class: R J1 and the Annotation P 1 3386
on my IAP-66 on section 5 regarding the financial support it marked for f "All other organization provide support" only.
 
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