Question for jk0274 ( or others who might be able to answer)

[MPGGPM]

I am still trying to get an answer to this question. A while back, you wrote this response in regards to a question about the 2 year HRR.

Please keep in mind that if your husband ever visited Pakistan while he was in the US on a J-1 visa, those short visits can also be subtracted from the 2 years.

I wanted to find out, where/how exactly did you come to this conclusion? Is there a source you can give?

I ask this, because it is a question that has always caused confusion.....EVEN among those who work for the State Dept.
And, to make things even more difficult, when you look at the actual rule 212(e)..........all it says is that the time counts after DEPARTURE from the USA. (It's almost purposely vague...the way it is written)

To make things even more confusing, that rule has often been interpreted to mean that the time counts only AFTER the J-1 program has ended. (even though it does not specifically state this in the actual rule)

Basically, what I am trying to determine is,.............. who is right?

Does the time count after departure from the USA.....meaning ANY departure? (like a trip to ones home country while still on the J-1)

Or does the time NOT count if one takes trips to their home country while still on the J-1? (it only counts when the program ends)
If this last statement is correct, then where exactly on any government website does it actually state this?

This is confusing, because I constantly hear both sides, and am trying to get a definitive answer.........if that is even possible. (When it comes to US Immigration law, that is not always so easy to accomplish).

Thanks to you......or anyone else who can help to answer this question and clear up the confusion.

 

[jk0274]

Sorry I haven't been around much for a few days.

I didn't actually come to any conclusions by myself. What you quoted above is something I was told by a lawyer. He explained how he had a client with HRR that, as part of her program, spent 6 months in the US and 6 months in her country in Europe, rotating back and forth for the duration of her program. By the 4th year, she had fulfilled her HRR. He explicitly said that any time at home, even while on the J-1 program, counts towards your two years.

Now, having said that, I realize that there is dispute over this and not all lawyers may agree. But this guy seems to have many years experience (~30 years) and, according to him, has had cases where clients fulfill the HRR that way.

I hope this information helps. It's one of those things where a combination of a knowledgeable lawyer and a non-persnickity USCIS adjudicator is probably helpful.