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  1. #1
    Join Date
    May 2015
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    1

    Default How is Time Calculated for the J1 Two Year Home Residency Rule

    I studied in the US for a year under a J1 visa that is subject to the 2-year home country presence requirement. I returned to Canada on July 4th. Since then I have taken multiple short trips to the USA (at least once a month, usually for a few days) to visit my boyfriend in the USA. How is the 2 year requirement computed? Is it a total of 730 days? How are the days in the US counted? i.e. if I fly out to the US on an evening flight and land in the US the same day, does it count as a day in my home country in order to fulfill the requirement?
    Thanks!

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

    Default Re: How is Time Calculated for the J1 Two Year Home Residency Rule

    Quote Quoting 20 CFR Sec. 40.202. Certain former exchange visitors.
    An alien who was admitted into the United States as an exchange visitor, or who acquired such status after admission, and who is within the purview of INA 212(e) as amended by the Act of April 7, 1970, (84 Stat. 116) and by the Act of October 12, 1976, (90 Stat. 2301), is not eligible to apply for or receive an immigrant visa or a nonimmigrant visa under INA 101(a)(15) (H), (K), or (L), notwithstanding the approval of a petition on the alien's behalf, unless:

    (a) It has been established that the alien has resided and has been physically present in the country of the alien's nationality or last residence for an aggregate of at least 2 years following the termination of the alien's exchange visitor status as required by INA 212(e), or

    (b) The foreign residence requirement of INA 212(e) has been waived by the Secretary of Homeland Security in the alien's behalf.
    See also 20 CFR Sec. 41.63.

    The "aggregate" is of the time you spend in your home country.

    When reviewing the case the USCIS is going to look at dates, not specific arrival and departure times.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: How is Time Calculated for the J1 Two Year Home Residency Rule

    The US immigration people counts a day as 24 hours continuous. If you leave or arrive during a calendar day (or both), it doesn't count.

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