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  1. #1
    Join Date
    Jul 2011
    Posts
    5

    Default 2 Year Rule Duration

    After my graduation, I have been in my home country for 18 months, meanwhile i have been going to foreign countries due to work projects, None of these assignments have been in the US.
    I recently won the DV lottery but i am worried whether i will not be qualified to accept the DV lottery because of my stays outside my home country. If we assume that i got a visa interview date 6 months from today, are my days accumulated outside my home country going to be counted against me for the 2 year rule or should it be counted toward my 2 year rule?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: 2 Year Rule Duration

    The requirement is that you reside and be physically present in your nation of origin for two years. If you do not believe you can satisfy that standard you can explore the possibility of a waiver. Assuming you don't obtain a waiver, you did not share the nature or duration of your overseas work assignments and the details may be relevant to the analysis, so I suggest discussing the details with an immigration lawyer.
    Quote Quoting INA Sec. 212(e); 8 USC Sec. 1182(e)
    (e) Educational visitor status; foreign residence requirement; waiver] 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) or section 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.

  3. #3
    Join Date
    Jun 2012
    Posts
    173

    Default Re: 2 Year Rule Duration

    Just to note though, waivers for getting around the DV lottery residency requirement can be though. Especially in your case since you've moved around so much. But no harm in trying.

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