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  1. #1
    Join Date
    Dec 2014
    Posts
    1

    Default How Do You Prove Fulfullment of the Two Year Home Residency Requirement

    Hi everyone,

    Last summer I was on a J-1 sponsored by the US government, and both my visa and DS-2019 say I am subject to the 2 year home residency requirement. After the summer, I went back home for a year and then came back to start graduate school in the US.

    I was thinking about going to my home country during summer breaks in school, and accumulating time to fulfill the rule. I already have one year fulfilled. However, I have also read on different websites that summer breaks at home will not necessarily count, since those are more of vacation breaks, while the 2 yhrr assumes "residence" in the home country. So I wonder if I will be able to count my breaks towards the time of the 2 yhrr. Has anybody had a situation similar to mine and was able to fulfill the rule partially using summer breaks?

    Please let me know how things worked out because I am trying to figure out the best way for me to fulfill the rule.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Prove of 2yhrr

    You may or may not have created an inadmissibility problem once the paperwork catches up with you. You were not legally entitled to the visa for grad school without a waiver. You need to see an immigration attorney.

    http://travel.state.gov/content/visa...cy-waiver.html

    http://travel.state.gov/content/visa...3035-faqs.html

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Prove of 2yhrr

    Quote Quoting marianna11
    View Post
    So I wonder if I will be able to count my breaks towards the time of the 2 yhrr. Has anybody had a situation similar to mine and was able to fulfill the rule partially using summer breaks?
    It has been done, but very short visits run the risk of being determined not to constitute "residency". That's also a slow way to fulfill the HRR, requires careful documentation and record-keeping, and creates some potential for confusion or disagreement when you later apply for another visa, and thus is far from the simplest way to meet the requirement.
    Quote Quoting Disagreeable
    View Post
    You were not legally entitled to the visa for grad school without a waiver.
    That is just plain wrong. A F1 visa is a non-immigrant visa, and is thus available to a person who previously held a J1 visa even if they have not yet fulfilled the HRR.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Prove of 2yhrr

    I explored the application of law deeper and you are correct MrK. An F1 visa is not a problem, only H, L, K, or immigrant lawful permanent resident (LPR) are. So OP is fine for now, however they must complete their 2 yr requirement or obtain a waiver if they are trying to go from F1 onto OPT to H1.

    http://travel.state.gov/content/visa...tml#references



    Quote Quoting Mr. Knowitall
    View Post
    It has been done, but very short visits run the risk of being determined not to constitute "residency". That's also a slow way to fulfill the HRR, requires careful documentation and record-keeping, and creates some potential for confusion or disagreement when you later apply for another visa, and thus is far from the simplest way to meet the requirement.

    That is just plain wrong. A F1 visa is a non-immigrant visa, and is thus available to a person who previously held a J1 visa even if they have not yet fulfilled the HRR.

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