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Traveling to the U.S. Under Visa Waiver While Subject to Two Year Rule (212e)

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  • 06-14-2010, 08:01 AM
    Tizw
    Traveling to the U.S. Under Visa Waiver While Subject to Two Year Rule (212e)
    Hi guys,

    Does anyone know if time spent in the US as a tourist with the Visa Waiver Program count toward the two years?

    I've already spent a couple of weeks as a tourist in the US this year, and I'm planning to go back in early May. My two years end in May 20, so I should complete my two years while there on vacation.

    Is it ok to be there as a tourist while my two years end?

    Thanks a bunch in advance.
  • 06-16-2010, 10:33 AM
    Mr. Knowitall
    Re: Traveling to the U.S. Under Visa Waiver While Subject to Two Year Rule (212e)
    Travel in the U.S. as a tourist is permitted during your two year home residency period, as a tourist visa is not an immigrant visa.

    The home residency rule requires somebody subject to the rule be "physicallypresent in the country of his nationality or his last legal permanentresidence for an aggregate of at least two years following departure from the United States."
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