I-485 RFE J-1 requirements...Help !!!

[doudou75012 0]

I received a RFE but I don't understand what do they want and how to prove...

I previously entered the US as a J-1 non-immigrant exchange visitor (2008), "Section 212(e) of the Immigration and Nationality Act requires that persons who enter the US as a J-1 must return to their sponsoring country for a period of two years after their period of admission has expired so they can share the knowledge they acquired. As such, the applicant must comply with one of the following:

1) Submit evidence to establish that the applicant has fulfilled the requirements and conditions of his J-1 admission, as stated above, or

2) Submit evidence to establish that the applicant has been granted a waiver of section 212(e) two-year foreign residency requirement, or

3) Submit evidence to establish that the applicant is not subject to section 212(e) of the Act"

I read a lot of topics with the same RFE but they don't really say what they sent back, I saw they talked about the DS-2019 form but I don't have it anymore

Can someone help me please, thank you

[Harpa Timsah 13,258]

You need to prove to them that you were not eligible for the 2-year HRR, or have a waiver for it. What information do you have that proves it?

[C-ma'am 684]

**Moved from AOS from family visas to AOS from Work, Student & Visitor. Poster is adjusting from a J1.

[doudou75012 0]

uh oh!!! I don't even know if I was, how do I know that? I read a little bit about the HRR...I think I was not but if it is the case what proves other than the ds2019 can I send?

[Harpa Timsah 13,258]

Try calling the agency and see what is in their records, or maybe you can get a reissued DS certificate? What does your actual visa say? I would just look everywhere and contact everyone that had anything to do with issuing the visa to get some proof.

If you were required to do the 2-year HRR, then your AOS will be denied. You can try to obtain a waiver of the requirement, but that has to be done before AOS is filed. So, if it is denied, I would stay here, try to get the waiver, then resubmit. This is something that needs to be taken care of before AOS is submitted. Good luck.

[doudou75012 0]

The university told me they only have the Certificate for Eligibility for Exchange Visitor Status (J1)...Well I remember I was with a guy from Suriname, he was require to do the 2year HRR but not me, at the time I didn't know what it mean so I were not eligible for it but it doesn't say it on my J1 visa

[Harpa Timsah 13,258]

I believe you are looking for something that says "NOT SUBJECT" to the 2-year HRR.

[Anh map 2,098]

It has been printed right on the visa for a while, but I am not sure when that because standard. Check your actual visa in the passport to see if it is printed on there.

[AnotherLostSoul 167]

I received a RFE but I don't understand what do they want and how to prove...

I previously entered the US as a J-1 non-immigrant exchange visitor (2008), "Section 212(e) of the Immigration and Nationality Act requires that persons who enter the US as a J-1 must return to their sponsoring country for a period of two years after their period of admission has expired so they can share the knowledge they acquired. As such, the applicant must comply with one of the following:

1) Submit evidence to establish that the applicant has fulfilled the requirements and conditions of his J-1 admission, as stated above, or

2) Submit evidence to establish that the applicant has been granted a waiver of section 212(e) two-year foreign residency requirement, or

3) Submit evidence to establish that the applicant is not subject to section 212(e) of the Act"

I read a lot of topics with the same RFE but they don't really say what they sent back, I saw they talked about the DS-2019 form but I don't have it anymore

Can someone help me please, thank you

What I would send in for these (and maybe I'm wrong, I never had J1 visa):

1. I would show the DS form or whatever it is called (the equivalency of I-20) that shows how long I was invited to work at X institute under my J1 visa

2. I would show them that I have obtained a waiver from my embassy

3. basically, if you are not subject to it at the first place, your passport where your visa is would state "bearer is NOT subject to two year home residency requirement" if you have gotten a waiver, that I would include along, so even though originally you were subject to it, you've obtained a waiver and hence no longer subject to it.

I hope I did not say something completely bs

good luck!

[doudou75012 0]

It has been printed right on the visa for a while, but I am not sure when that because standard. Check your actual visa in the passport to see if it is printed on there.

No it's not on there

[doudou75012 0]

What I would send in for these (and maybe I'm wrong, I never had J1 visa):

1. I would show the DS form or whatever it is called (the equivalency of I-20) that shows how long I was invited to work at X institute under my J1 visa

2. I would show them that I have obtained a waiver from my embassy

3. basically, if you are not subject to it at the first place, your passport where your visa is would state "bearer is NOT subject to two year home residency requirement" if you have gotten a waiver, that I would include along, so even though originally you were subject to it, you've obtained a waiver and hence no longer subject to it.

I hope I did not say something completely bs

good luck!

thank you your post really helped me...but unfortunately my visa doesn't state that I was not subject to the 2yr hrr...After I left in may 2008 when my visa expired I came back in december 2009 on vacation to see my fiance and they told me nothing at the immigration, just a stamp in my passport with the date. Because I don't really know what is a waiver :/

[Caroll713 1]

If you're not subject to HRR J-1 requirements, the annotation on your visa should say

'BEARER IS NOT SUBJECT TO 212(E)

TWO YEAR RULE DOES NOT APPLY'

That's exactly what is written on mine. Send a copy of your visa back to USCIS and that should do it!

[Caroll713 1]

Wait a sec, your visa is from 2008, so it seems that all you have to do is to prove that you 'returned to their sponsoring country for a period of two years after their period of admission has expired' as stated in your RFE.

So you only need to prove you got back to France and spent there at least two years (2008-2010). Also, I don't know the purpose of your J-1 visa, but if you can prove that you applied what you learned in the US back in your home country, that might help as well!

thank you your post really helped me...but unfortunately my visa doesn't state that I was not subject to the 2yr hrr...After I left in may 2008 when my visa expired I came back in december 2009 on vacation to see my fiance and they told me nothing at the immigration, just a stamp in my passport with the date. Because I don't really know what is a waiver :/

[doudou75012 0]

Wait a sec, your visa is from 2008, so it seems that all you have to do is to prove that you 'returned to their sponsoring country for a period of two years after their period of admission has expired' as stated in your RFE.

So you only need to prove you got back to France and spent there at least two years (2008-2010). Also, I don't know the purpose of your J-1 visa, but if you can prove that you applied what you learned in the US back in your home country, that might help as well!

Oh yes, I was an English teacher in France in high school (pretty hard) I started in sept 2008 until july 2011, I can prove it with my pay subs and my major at the US university was English literature...But still I don't understand this 2 yr hrr. I truly hope I was not eligible

[Harpa Timsah 13,258]

Oh, I thought you have been back in the US since 2009. So you worked in France from 2008-2011? Then all you need to show is that you were in France for 2 years. It won't matter if you were eligible or not, because if you were eligible, you fulfilled the requirement.

So it is true you worked in France for 2 years?

Edited September 21, 2012 by Harpa Timsah