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Interview and F-1 2-year-rule

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  • Interview and F-1 2-year-rule

    Today it was my interview. Everything was good but the office told me that when I come to US the first time with J-1 visa they put a 2-year-rule on my passport, saying that I need to stay in my home country for 2 years and I just stayed there 1 year and 5 months. He didn't told me if I got the green card or no. So now I am worried. After the interview he said they are gonna analise it and send me the letter by mail.

  • #2
    If you were subject to the 2-year home residency requirement, and you haven't been physically present in your home country for 2 years cumulatively afterwards, you are statutorily ineligible for AOS unless you got a waiver beforehand. The officer has no discretion in this. So the only thing that is left to be determined is whether you were actually subject to the requirement or not. Just because it says so on the visa and/or the DS-2019 doesn't mean it's correct. If you think it is incorrect, you can seek the opinion of the Department of State Administrative Appeals Office for a definitive determination.

    This is my personal opinion and is not to be construed as legal advice.

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