What is the 2 year rule for J-1 green card?

Some exchange visitors with J-1 visas are subject to a two-year home-country physical presence requirement. It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e).

What are the conditions on a 2 year green card?

If you have been married for less than 2 years at the time you are approved for a green card, then you will receive a conditional green card, which is valid for 2 years. You and your spouse must apply to remove the conditional nature of your green card within 90 days (3 months) of the two-year expiration date.

What is the J-1 two-year rule marriage?

If the two-year home restriction applies, then your foreign partner is normally required to return to her native country, or country of last residence, for 2 years before immigrating to the U.S. based on marriage. Sometimes, a home restriction is improperly placed on the J visa.

What is the 2 year bar rule?

The Two-Year Home Residence Requirement also known as 212(e) stipulates that a J-1 who is subject to this bar must return to their home country (last country of legal permanent residence) and physically remain there for an aggregate of two years before being eligible to return to the U.S. as a Permanent Resident, H-1B ...

How do I document my compliance with the 2 year requirement?

A: You need to compile documentation as proof that you have stayed in your home country for 2 years. Examples of documentation include entry and exit stamps in your passport, lease agreements, employment letters, letters of school attendance, and affidavits from third parties.

J-1 Visa 2-Year Rule

Is J-1 visa not subject to two-year rule?

Who Isn't Subject to Two-Year Home-Residence Requirement. Not all J-1 visa holders are subject to the two-year home residence requirement. It applies only to participants in three types of exchange visitor programs: programs for foreign medical graduates who receive graduate medical training (residencies) in the U.S.

How do you waive the 2 year rule?

What is the two year repeat participation bar?

Following their exchange visitor program, individuals who participated in a J-1 Research Scholar or Professor category program are automatically subjected to a 24-month (two year) bar from participating in another J-1 Research Scholar or Professor program.

What is the waiver for 10-year bar?

To qualify for this waiver, which if approved, allows the immigrant to lawfully re-enter with the immigrant visa and not wait outside the US for 3 or 10 years, the immigrant must prove that his or her USC or LPR spouse or parent will suffer EXTREME HARDSHIP if the waiver is not approved.

What are the exceptions to the 10-year bar?

There are exceptions to this rule. Those who have overstayed by 6 months or more and depart the U.S. who are not subject to the bar include minors, asylees, family unity protection pursuant to section 301 of the Immigration Act of 1990, battered women and children, and trafficking victims.

What is the 2 year rule for fiance visa?

The 2-year rule is a crucial part of the K-1 visa process. It is designed to ensure that the relationship between the US citizen and the foreign-citizen fiancé is genuine by requiring couples to provide proof they've met in person at least once within the two years before they submit Form I-129F.

Can I divorce after getting a 2 year green card?

Potential Effect: If you already have a green card and are a permanent resident at the time of the divorce, the divorce should not change your status. While your divorce may not affect your immigration status, it will affect the time you must wait before applying for your permanent resident status.

What happens if you get married while on a J-1 visa?

A J-1 visa holder can marry a U.S. citizen, but it doesn't qualify a foreigner for permanent resident status (green card) right away. If you hold a J-1 exchange visitors visa and have recently married a U.S. citizen or a green card holder, you can apply for a marriage based green card.

What happens if I stay more than 6 months outside US with green card?

However, your trip must be temporary and you cannot remain outside the United States for more than 1 year. If the Customs and Border Protection (CBP) officer believes you do not intend to continue living permanently in the United States, they could revoke your status as a permanent resident.

How long can I stay outside US with green card?

Remaining outside the United States for more than one year may result in a loss of Lawful Permanent Resident status.

Why is a green card for 2 years?

If you and your spouse had been married for less than two years at the time your green card (visa) was approved, your green card will be “conditional,” and only valid for two years.

What is the difference between the permanent bar and the 10 year bar?

Almost 24 years ago, Congress added four new grounds of inadmissibility, all of which went into effect on April 1, 1997: the three-year bar for departing after accruing more than 180 days of unlawful presence; the ten-year for departing after accruing a year or more of unlawful presence; and the two “permanent” bars ...

What is the 3 year vs 10 year bar?

Individuals who accrue a certain amount of time of unlawful presence are inadmissible, or ineligible to receive a visa or adjust their status. Remaining in the U.S. without authorization for more than 180 days but less than a year triggers a three-year bar; more than one year is a ten-year bar.

What is the new waiver for permanent bar?

A waiver of the permanent bar is available for VAWA self-petitioners if they can show a connection between the abuse and the event that triggered the permanent bar, i.e., their deportation, departure, reentry, or attempted reentry.

What is the time limit for J-1?

This J-1 Exchange Visitor category has a minimum stay of three weeks, and a maximum continuous stay of 5 years. The five year maximum stay for a J-1 research scholar/professor.

What is the bar rule for J-1?

Whenever your J-1 program ends (even if less than 5 years), you are ineligible to begin a new J-1 research scholar or professor program at any U.S. institution for 24 months. This is known as the 24-month bar. Note that this regulation is different from the 212(e) Two-Year Home Residency Requirement.

How many times can I get J1 visa?

How many times can I travel to the states on a J-1 visa? The maximum limit of J-1 Visas you can apply for with Placement International is three. Therefore, you will be able to grow your career in the US for 3 years! When can I apply for a J-1 Visa?

Can you go from J-1 to green card?

If a visa number becomes available before your J-1 term concludes, you'll be able to stay in the United States and follow the same green card application process for most other spouses living in the United States and married to a green card holder.

How long can I stay after J-1 visa expires?

If your visa and DS-2019 have already expired, the J1 visa grace period is 30 days to leave the US. Many of us wonder how we can extend our stay beyond 5 years to continue our work in the US or for any other reason. In this article, I'm sharing my personal experience and observations from people I've known.

Can a J-1 visa holder change status?

No. J1 holders subject to section 212e are not permitted to file for a change of status. One would either have to apply for a waiver first or exit the country to apply for the F1.