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J visa two year residency requirement
- Thread starter kiev
- Start date
Yes, Persecution is one of the five grounds for waiver.
I believe he has to fill out I-612 and mail it to USCIS.
No form is needed. It is automatically waived. It is stated in the regulations. 8 C.F.R. 209.2. As I am on the road, I cannot give you a pin cite. You can find it.
No form is needed. It is automatically waived. It is stated in the regulations. 8 C.F.R. 209.2. As I am on the road, I cannot give you a pin cite. You can find it.
Hey thankful,
That section seems to be AOS if I am not wrong..... Whenever you have a chance, please give me a specific cite.
8 CFR 209.2(b)
An applicant for adjustment who has had the status of an exchange alien nonimmigrant under section 101(a)(15)(J) of the Act, and who is subject to the foreign resident requirement of section 212(e) of the Act, shall be eligible for adjustment without regard to the foreign residence requirement.
An applicant for adjustment who has had the status of an exchange alien nonimmigrant under section 101(a)(15)(J) of the Act, and who is subject to the foreign resident requirement of section 212(e) of the Act, shall be eligible for adjustment without regard to the foreign residence requirement.
212(e) is a potential issue only during the adjustment stage of the process not during the asylum process. According to the language of the INA, a person subject to the requirement:
[shall not be eligible] for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 101(a)(15)(H) or section 101(a)(15)(L) until it is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of a least two years following departure from the United States.
Asylum under section 208 is not an immigrant visa or permanent residence.
Without the regulatory language at 8 CFR 209.2(b), an asylee applicant would have a problem when the I-485 is adjudicated.
[shall not be eligible] for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 101(a)(15)(H) or section 101(a)(15)(L) until it is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of a least two years following departure from the United States.
Asylum under section 208 is not an immigrant visa or permanent residence.
Without the regulatory language at 8 CFR 209.2(b), an asylee applicant would have a problem when the I-485 is adjudicated.
Hi,
I am asking this for a friend. If you are granted asylum, are you excused from the two year rule?
Hi everyone. I am a regular reader on this forum. I wanted to share my experience with the J-1, 2 year home residency issue.
I got my US Citizenship based on asylum last year. My wife is an asylee (not derivative) and we had decided to apply for her 1-485 adjustment based upon marriage to a US citizen (instead of Green Card based upon asylum). The reason for this was to get a Green Card without all the codes and stuff that they put on the asylum based green cards.
My wife got her asylum a few years ago and had landed in the US on a J-1 (exchange visitor) visa. In August of last year, she was called for an interview for the 1-485 application (marriage based) and during the interview, the immigration officer said that the 2 year home residency rule would still apply. He said that she would have to go back to the country of origin for 2 years. I asked him how that could be done since she was an asylee and it was already established that she was in danger in the COP. He said that if she had applied for her Green Card based upon asylum, then the 2 year rule would not apply. They declined her I-485 application. This was very frustrating because now we had waited all these years for my citizenship to get her Green Card and all this for nothing. We had hired an attorney to represent her and even the attorney was not aware of this part of the law.
We immidiately applied for her I485 based upon asylum (in October 2008). We got an email today from UCSIS stating that the Green Card production has been ordered for her and that she should get it in the mail within 30 days.
Thank God. That was such a relief.
I want to extend my sincere thanks to all the veteran members of this forum such as Thankful, Alenpro and the other unsung heroes who make the effort to give hope and guidance to other people on this forum. I had to wait almost 4 years for my GC (because there was a 20K visa limit) and this forum helped me to stay hopeful and to believe in the future.
Best regards.
Hi everyone. I am a regular reader on this forum. I wanted to share my experience with the J-1, 2 year home residency issue.
I got my US Citizenship based on asylum last year. My wife is an asylee (not derivative) and we had decided to apply for her 1-485 adjustment based upon marriage to a US citizen (instead of Green Card based upon asylum). The reason for this was to get a Green Card without all the codes and stuff that they put on the asylum based green cards.
My wife got her asylum a few years ago and had landed in the US on a J-1 (exchange visitor) visa. In August of last year, she was called for an interview for the 1-485 application (marriage based) and during the interview, the immigration officer said that the 2 year home residency rule would still apply. He said that she would have to go back to the country of origin for 2 years. I asked him how that could be done since she was an asylee and it was already established that she was in danger in the COP. He said that if she had applied for her Green Card based upon asylum, then the 2 year rule would not apply. They declined her I-485 application. This was very frustrating because now we had waited all these years for my citizenship to get her Green Card and all this for nothing. We had hired an attorney to represent her and even the attorney was not aware of this part of the law.
We immidiately applied for her I485 based upon asylum (in October 2008). We got an email today from UCSIS stating that the Green Card production has been ordered for her and that she should get it in the mail within 30 days.
Thank God. That was such a relief.
I want to extend my sincere thanks to all the veteran members of this forum such as Thankful, Alenpro and the other unsung heroes who make the effort to give hope and guidance to other people on this forum. I had to wait almost 4 years for my GC (because there was a 20K visa limit) and this forum helped me to stay hopeful and to believe in the future.
Best regards.
Thank you for your update. After you posted this last year I wondered about you from time to time: http://forums.immigration.com/showthread.php?t=285435.
I am glad that it finally worked out for you guys. Since her card will be backdated by one year she does not really lose any time toward citizenship. This did however cost you guys money and agony.
And your wife can take advantage of the three year rule for citizenship because of her marriage to you. So in two years she can apply for citizenship.
All the best.
Thank you for your update. After you posted this last year I wondered about you from time to time: http://forums.immigration.com/showthread.php?t=285435.
I am glad that it finally worked out for you guys. Since her card will be backdated by one year she does not really lose any time toward citizenship. This did however cost you guys money and agony.
And your wife can take advantage of the three year rule for citizenship because of her marriage to you. So in two years she can apply for citizenship.
All the best.
Hi Thankful. Thanks again for all your help and guidance. We did lose some time but our attorney actually paid all the fees for I-485 application (to re-apply under asylum based) and Travel Document out of her pocket. She was feeling very bad that she had overlooked this technicality and hence volunteered to represent my wife for the re-application for free and to pay for the immigration fees too. Even though we were frustrated for a while, but we are really grateful for all her help and support.
Can you please tell me more about the 'three year rule for citizenship' that you have mentioned. I am aware of the GC being backdated by 1 year but am not clear on how my wife can benifit from my Citizenship status and save another year.
Thanks
Hi Thankful. Thanks again for all your help and guidance. We did lose some time but our attorney actually paid all the fees for I-485 application (to re-apply under asylum based) and Travel Document out of her pocket. She was feeling very bad that she had overlooked this technicality and hence volunteered to represent my wife for the re-application for free and to pay for the immigration fees too. Even though we were frustrated for a while, but we are really grateful for all her help and support.
Can you please tell me more about the 'three year rule for citizenship' that you have mentioned. I am aware of the GC being backdated by 1 year but am not clear on how my wife can benifit from my Citizenship status and save another year.
Thanks
For more information about the three year rule, you can check out this: http://www.uscis.gov/portal/site/us...nnel=d6f4194d3e88d010VgnVCM10000048f3d6a1RCRD
Also check out a very helpful guidance from a law firm website: http://www.murthy.com/news/UDbasic.html
One question that peope repeatedly ask about this rule is if the lpr spouse must have received her GC based on marriage. The short answer is that it does not matter how she obtained her GC.
Feel free to ask me questions if you have any after reading these two sources.
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Hi Thankful. Thanks again for all your help and guidance. We did lose some time but our attorney actually paid all the fees for I-485 application (to re-apply under asylum based) and Travel Document out of her pocket. She was feeling very bad that she had overlooked this technicality and hence volunteered to represent my wife for the re-application for free and to pay for the immigration fees too. Even though we were frustrated for a while, but we are really grateful for all her help and support.
Can you please tell me more about the 'three year rule for citizenship' that you have mentioned. I am aware of the GC being backdated by 1 year but am not clear on how my wife can benifit from my Citizenship status and save another year.
Thanks
I must say that you had a very fine and responsible attorney. Not many people accept responsibility this way.