Participants of some J-1 visa programs are subject to a 2 year home residency requirement. This means, that the J-1 visa participants will have to return to their home country for at least 2 years after the completion of the exchange visitor program.
Before you meet the 2 year home residency requirement, you cannot apply for a green card and you cannot apply for any of the following visas:
However, you can still apply for the following visas even if you are subject to the 2-year home residency requirement:
For example, if you are subject to the 2-year home residency requirement and you are married to a U.S. citizen, you would not be able to adjust status in the U.S. before you return to your home country for 2 years/you are granted a waiver. However, you could apply for example for a TN visa and live and work in the U.S.
If you are subject to the 2-year home residency requirement, you could also apply for a waiver.
You can set up a consultation by clicking the link below.
To find out more about our services and fees contact Scott Legal, P.C.
This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.