J1 Visa Home Residency Requirement warnings

[ladywhite 0]

Hi there:

I am sorry you are found to be subject to a 2 year HRR. That sucks...

Because of the fact that you are now subject to the HRR, I am not sure if the information you filled on the already submitted I-846 is considered true (I assumed you checked the box that indicated you are not under a 2 year HHR attached to your J-1). I strongly think you should seek advise and help from an attorney who is familiar with J-1 and HHR.

I *personally* think that you should petition for a J-1 waiver and obtain a waiver first before applying for AOS. I think it should not be difficult to get an objection letter from your government as you said neither your country or The US was involved in sponsoring your J-1. I do not know if you can/should withdraw your AOS. The attorney should be able to advise you.

Please keep us posted how things go.

Good Luck.

Edited May 19, 2008 by ladywhite

[SCFsnoopy 0]

Does anybody know what the HRR case is for au pairs? I do not believe we are subject to the rule, but I want to be absolutely certain. I *just* returned (as in, just over a week ago) to Australia after being in the US for 13 months on a J-1 visa as an au pair and I want to file for a K-1 very soon.

While I was in the US I called my agency and they indicated that I was not subject (although, all they really did was refer me to my visa - but apparently this isn't correct for some people).

The agency I worked for, btw, was supposedly a not-for-profit organisation (Cultural Care Au Pair) and I am sure there was no US government funding. I personally paid almost $3000 in fees for various things, including my plane ticket (although very discounted) and all of my visa fees (I think that was around $300 total, maybe a little more). So as far as I know I've had no government funding either from the US or Australia.

I would guess that I'm ok, but if somebody was an au pair or has experience with their visas, I'd love to hear back.

[ladywhite 0]

I was not an aupair but knew (not personally) several Thai women who came to the US as an aupair. They were not subject to a 2 year HRR.

Does anybody know what the HRR case is for au pairs? I do not believe we are subject to the rule, but I want to be absolutely certain. I *just* returned (as in, just over a week ago) to Australia after being in the US for 13 months on a J-1 visa as an au pair and I want to file for a K-1 very soon.

While I was in the US I called my agency and they indicated that I was not subject (although, all they really did was refer me to my visa - but apparently this isn't correct for some people).

The agency I worked for, btw, was supposedly a not-for-profit organisation (Cultural Care Au Pair) and I am sure there was no US government funding. I personally paid almost $3000 in fees for various things, including my plane ticket (although very discounted) and all of my visa fees (I think that was around $300 total, maybe a little more). So as far as I know I've had no government funding either from the US or Australia.

I would guess that I'm ok, but if somebody was an au pair or has experience with their visas, I'd love to hear back.

[MacPara 0]

I am sorry you are found to be subject to a 2 year HRR. That sucks...

Because of the fact that you are now subject to the HRR, I am not sure if the information you filled on the already submitted I-846 is considered true (I assumed you checked the box that indicated you are not under a 2 year HHR attached to your J-1). I strongly think you should seek advise and help from an attorney who is familiar with J-1 and HHR.

Now, I finally got the letter "explaining" the decision of the Advisory Board. I'm saying "explaining" as it doesn't really explain anything. It jmust quotes the law by saying that I'd be subject to INA212(e) because of receiving funds from the US government and/or receiving funds from my homeland government and/or receiving funds from an international organization.

They are not more specific about it, which is not helpful at all. And it's also wrong as far as I can evaluate this as, I didn't get any money from any government nor from an international organization.

I now have an attorney and she said we should ignore their advice and just apply for AOS with USCIS as my DS2019 shows that I shouldn't be subject and USCIS often don't check back with DoS but makes their own decision.

It seems that the J-1 program number that is on the DS2019 which in my case is P-1-xxxxx must provide the DoS agent with some details about the program that I don't know about. Is there any way to look up details about J-1 programs by this number for ordinary people like me? I'd really like to understand what is going on here.

[Fernanda O. 0]

I am sorry you are found to be subject to a 2 year HRR. That sucks...

Because of the fact that you are now subject to the HRR, I am not sure if the information you filled on the already submitted I-846 is considered true (I assumed you checked the box that indicated you are not under a 2 year HHR attached to your J-1). I strongly think you should seek advise and help from an attorney who is familiar with J-1 and HHR.

Now, I finally got the letter "explaining" the decision of the Advisory Board. I'm saying "explaining" as it doesn't really explain anything. It jmust quotes the law by saying that I'd be subject to INA212(e) because of receiving funds from the US government and/or receiving funds from my homeland government and/or receiving funds from an international organization.

They are not more specific about it, which is not helpful at all. And it's also wrong as far as I can evaluate this as, I didn't get any money from any government nor from an international organization.

I now have an attorney and she said we should ignore their advice and just apply for AOS with USCIS as my DS2019 shows that I shouldn't be subject and USCIS often don't check back with DoS but makes their own decision.

It seems that the J-1 program number that is on the DS2019 which in my case is P-1-xxxxx must provide the DoS agent with some details about the program that I don't know about. Is there any way to look up details about J-1 programs by this number for ordinary people like me? I'd really like to understand what is going on here.

So your attorney adviced u to ignore the Advisory opinion? I´m having the same problem, I didnt receive any fundings and my skills aren´t listed on the List, but I was found subject to the stupid rule. I applied for a waiver, they have received the paperwork like a month ago and there are still no updates online on my cae, I´m really worried

[bubby 0]

I am sorry you are found to be subject to a 2 year HRR. That sucks...

Because of the fact that you are now subject to the HRR, I am not sure if the information you filled on the already submitted I-846 is considered true (I assumed you checked the box that indicated you are not under a 2 year HHR attached to your J-1). I strongly think you should seek advise and help from an attorney who is familiar with J-1 and HHR.

Now, I finally got the letter "explaining" the decision of the Advisory Board. I'm saying "explaining" as it doesn't really explain anything. It jmust quotes the law by saying that I'd be subject to INA212(e) because of receiving funds from the US government and/or receiving funds from my homeland government and/or receiving funds from an international organization.

They are not more specific about it, which is not helpful at all. And it's also wrong as far as I can evaluate this as, I didn't get any money from any government nor from an international organization.

I now have an attorney and she said we should ignore their advice and just apply for AOS with USCIS as my DS2019 shows that I shouldn't be subject and USCIS often don't check back with DoS but makes their own decision.

It seems that the J-1 program number that is on the DS2019 which in my case is P-1-xxxxx must provide the DoS agent with some details about the program that I don't know about. Is there any way to look up details about J-1 programs by this number for ordinary people like me? I'd really like to understand what is going on here.

I am in the process of filing for an AOS and I am considering whether I should consult with an immigration attorney. I used to be subject to the HRR, but when I had 4.5 months left to fulfill it, I applied for an F-1 visa to attend grad school. It was granted and I got a new I-20, which is not subject to HRR. After graduating I even applied for work authorization which was also granted. It seems that both my current status (F-1) and EAD (OPT) supersede the 4.5-month remainder on the HRR. I somewhat confused as to where I should go from here. I'm afraid that if I apply for a waiver and get rejected, it may make the situation more complicated, when I may not even need one to begin with. It seems to me that I should submit my forms anyway since that worked for the F-1 and OPT, but I wouldn't be sure what to check on the I-864 for HRR.

[efc 1]

Can anyone help?I was in the US for 1 year on a J1 (the visa was for 3 years but i was made redundant)

anyway, my visa and ds-2019 say i am subject to the e212 home residency rule.

However I contacted my ex-employer and visa sponsor. They said it is an error on the consulate officer's part, they should not have checked that box on the ds-2019.

so, i am stuck with a ds-2019 and j1 which is no longer valid anyway as i lost my job, so i cant apply for a waiver as i am no longer on a j1???

i am back in my home country and have been for almost 1 year.

i have my k1 fiance visa interview at the end of the month and am so worried they will deny me because of this home residnecy rule.

i am from the uk, we do not have a residency rule, but what do you think the office will say/do???

any advice greatly appreciated...

[efc 1]

Can I apply ofor a j1 visa waiver or advisory opinion???

[cobra661266 1]

hi! just want to ask if what did u put on your ds160 Are you a former exchange visitor (J) who has not yet fulfilled the two-year foreign residence requirement? is it a yes or no? I am not subject to 2 year hrr tnx!

[Cam54 84]

I was using a j1 visa until December 2012 then came back to England and applied for a k1 in January 2013, my ds2019 said not subject to 2 year residency rule, I was under the impression the uk do not have the rule at all

Btw my visa was approved no problem without even a mention of the j1

[TBoneTX 45,292]

Until today, this thread was last contributed to 5+ years ago, and most of the participants haven't logged onto VJ for years. Anyone with a new question should first search the forums for it, and if the answer isn't found, start a new topic in the appropriate forum. Zombie thread closed.