Tourist, J1 and another tourist within a year

[sandstorm 0]

Hi! (The topic is wrong, all three entries won't be within a year but two. My bad.)

Here's my story:

- I live in Sweden

- Visited the US on a Visa Waiver program after using the ESTA process. This was three weeks during June and July 2011.

- Went to the US again as an exhange student on a J1 Visa, August 2011-June 2012.

- Two year rule does apply.

I now want to go to the US to visit friends over New Year's. It would be a two or three week stay. My ESTA application is still valid and approved. Do I need to worry about anything in particular? I'm assuming nothing changes as far as the two-year rule goes.

Thanks!

Edited November 24, 2012 by sandstorm

[canadian_wife 1,827]

If you are asked, do you have ties to Sweden?

Good luck

[Boiler 45,994]

The 2 year rule?

[Penguin_ie 5,996]

The 2 year rule doesn't apply to tourist/ visa waiver stays, so you are fine there. You will *probably* be ok with a short stay like you plan and a return ticket, but as mentioned above, bringing some proof of return/ ties (employers letter or university enrollment etc) would be a good idea.

[sandstorm 0]

I do have ties in Sweden. I have a planned Master's Thesis that I will start to work on the minute I get back, and also a job offer waiting after that. Thanks for the tip, I'll make sure to bring proof.

The two year rule is this one:

Two Year Home Country Physical Presence Requirement (a.k.a. 2 year rule)

The statute requires visitors who are subject to the 2 year rule to return to their "home" countries and be physically present there for an total of two years before being eligible to return to the United States in immigrant (permanent residence/green card) status, H status (temporary workers and dependents), or L status (intracompany transferees and dependents).

Not all exchange visitors are subject to the two-year rule. There are three grounds on which an exchange visitor can become subject:

If the exchange visitor is financed by the U.S. government or a foreign government for the purpose of coming to the U.S. on the J-1.

If the skill(s) that the visitor is coming to develop or work with are in a field that

the visitor’s government requested to be included on the State Department’s skills list.

The visitor is coming to the United States to receive "graduate medical education or training." Only medical doctors are subject in this case.

Edited November 25, 2012 by sandstorm

[jaycali 415]

Hi! (The topic is wrong, all three entries won't be within a year but two. My bad.)Here's my story:- I live in Sweden- Visited the US on a Visa Waiver program after using the ESTA process. This was three weeks during June and July 2011.- Went to the US again as an exhange student on a J1 Visa, August 2011-June 2012.- Two year rule does apply.I now want to go to the US to visit friends over New Year's. It would be a two or three week stay. My ESTA application is still valid and approved. Do I need to worry about anything in particular? I'm assuming nothing changes as far as the two-year rule goes. Thanks!

You'll be fine.

The two year rule for J-1 visas does not apply to short visits. VWP entrants are rarely ever asked to prove any ties to their home country when coming for a two - three week visit. I'm almost positive you won't be asked for any, but it's always good to bring just in case.

Edited November 27, 2012 by Jay Jay