Can You Complete a Home Residency Requirement While Living Outside of Home Nation

Hello,

This is my background:

I came to the US as a Fulbright scholar to complete a MA. I thus had a J1 visa with the two-year home residency requirement.
After I got my MA, I was accepted in a PhD program in the US and got a F1 visa. Since my J1 visa expired, it means that any time spent in my home country (Germany) counts towards the 2-year home residency requirement.

Here is my question:

I am offered an opportunity to complete a year at the University of Basel (Switzerland). Since this university is so close to the German border, I was planning to live in Germany and commute to Switzerland. Would this year of 'residency' in Germany/study in Switzerland count towards my 2 year home residency requirement?

I am aware that this question is very specific and would appreciate any answer.

Many thanks in advance.

Sorry this is a US forum. Call German immigration.

He's not talking about German immigration law. He wants to know if living in Lorrach or Freiburg and commuting into Basel every day would meet his US 2 year home residency requirement before he can apply for the F1.

In my opinion, yes. Physical presence doesn't preclude you from brief trips into other countries.

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Quoting Disagreeable

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Sorry this is a US forum. Call German immigration.

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This is a U.S. immigration question. Perhaps you should leave immigration questions to others.

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Quoting frank90

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I am offered an opportunity to complete a year at the University of Basel (Switzerland). Since this university is so close to the German border, I was planning to live in Germany and commute to Switzerland. Would this year of 'residency' in Germany/study in Switzerland count towards my 2 year home residency requirement?

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The governing law provides,

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Quoting 8 USC 1182(e) - Educational visitor status; foreign residence requirement; waiver

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No person admitted under section 1101 (a)(15)(J) of this title or acquiring such status after admission

(i) whose participation in the program for which he came to the United States was financed in whole or in part, directly or indirectly, by an agency of the Government of the United States or by the government of the country of his nationality or his last residence,

(ii) who at the time of admission or acquisition of status under section 1101 (a)(15)(J) of this title was a national or resident of a country which the Director of the United States Information Agency, pursuant to regulations prescribed by him, had designated as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the alien was engaged, or

(iii) who came to the United States or acquired such status in order to receive graduate medical education or training,

shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 1101 (a)(15)(H) orsection 1101 (a)(15)(L) of this title 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 at least two years following departure from the United States: Provided, That upon the favorable recommendation of the Director, pursuant to the request of an interested United States Government agency (or, in the case of an alien described in clause (iii), pursuant to the request of a State Department of Public Health, or its equivalent), or of the Commissioner of Immigration and Naturalization after he has determined that departure from the United States would impose exceptional hardship upon the alien’s spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident alien), or that the alien cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion, the Attorney General may waive the requirement of such two-year foreign residence abroad in the case of any alien whose admission to the United States is found by the Attorney General to be in the public interest except that in the case of a waiver requested by a State Department of Public Health, or its equivalent, or in the case of a waiver requested by an interested United States Government agency on behalf of an alien described in clause (iii), the waiver shall be subject to the requirements of section 1184 (l) of this title: And provided further, That, except in the case of an alien described in clause (iii), the Attorney General may, upon the favorable recommendation of the Director, waive such two-year foreign residence requirement in any case in which the foreign country of the alien’s nationality or last residence has furnished the Director a statement in writing that it has no objection to such waiver in the case of such alien.

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The question is of your nation of legal residency, not where you're working or going to school.

What are the residency requirements for the university for the program in which you are participating?

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Quoting Mr. Knowitall

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This is a U.S. immigration question. Perhaps you should leave immigration questions to others.

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Would you like to borrow a chain saw to remove the chip from your shoulder?

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Quoting Disagreeable

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Would you like to borrow a chain saw to remove the chip from your shoulder?

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You were flat out wrong about something...which is not uncommon. Wouldn't it be better to simply admit your error as opposed to getting snarky with the people who pointed it out?

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Quoting Disagreeable

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Would you like to borrow a chain saw to remove the chip from your shoulder?

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You frequently post incorrect information about immigration law, and you frequently take immigration threads as an opportunity to pontificate against immigration. Neither are useful. You're more of a dust mote on my shoulder than a chip, but you're not helping immigration threads or the forum with your behavior.

You frequently try to pretend I do not have knowledge of the way immigration operates, especially in CA. In fact, I have several instances of experience dealing with the corrupt Mexican legal system, which CA has chosen to recognize as due process, when in fact even our own Federal Government and every other foreign nation has not elected to recognize as being credible.

Don't blame me for your ignorance of how Mexican law operates and how Mexican citizens conspire to exploit US citizens, when I have several years of experience dealing with these issues firsthand. Perhaps you should go to Mexico and become involved in with their citizens for a few years and if you survive the drug cartels. corrupt politicians and unscrupulous lawyers, come back and make informed comments.

I have not tried to hide the fact I suffer from a declining mental state and on occasion totally miss the point of threads as I did in this one. Though I have no problem apologizing when I am totally off track as I was here, I can assure you it was not due to lack of knowledge and I will be damned if I will apologize to you for my mental or physical decline.

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Quoting Mr. Knowitall

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You frequently post incorrect information about immigration law, and you frequently take immigration threads as an opportunity to pontificate against immigration. Neither are useful. You're more of a dust mote on my shoulder than a chip, but you're not helping immigration threads or the forum with your behavior.

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Quoting Disagreeable

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You frequently try to pretend I do not have knowledge of the way immigration operates, especially in CA. In fact, I have several instances of experience dealing with the corrupt Mexican legal system, which CA has chosen to recognize as due process, when in fact even our own Federal Government and every other foreign nation has not elected to recognize as being credible.

Don't blame me for your ignorance of how Mexican law operates and how Mexican citizens conspire to exploit US citizens, when I have several years of experience dealing with these issues firsthand. Perhaps you should go to Mexico and become involved in with their citizens for a few years and if you survive the drug cartels. corrupt politicians and unscrupulous lawyers, come back and make informed comments.

I have not tried to hide the fact I suffer from a declining mental state and on occasion totally miss the point of threads as I did in this one. Though I have no problem apologizing when I am totally off track as I was here, I can assure you it was not due to lack of knowledge and I will be damned if I will apologize to you for my mental or physical decline.

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Come on, this is a thread about visas for a German Grad student, it has nothing to do with your experience with Mexico/California and their alleged corrupt child support system. Arguing those points in this thread is just proving Mr. KIA's point.