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  • question meaning

    on form 485, part 3, question 12 it asks:
    "Have you eve been on a J nonemmigrant exchange visitor who was subject to the two-year foreign residence requirement and have not yet complied with that requirement or obtained a waiver."

    I'm uncertain of the meaning of the question and I would like to ask your oppinion. I see it possibly meaning two distinct things:

    A. was on a J visa AND have not yet complied, NEITHER have yet obtained a waiver.

    B. Was on a J Visa AND EITHER
    1) did NOT yet comply, or
    2) YES, obtained a waiver.

    In my case, I was on a J visa, obtained the waiver for the 2 year foreign residency requirement and got a H1-b. I'm now applying for greed card (spouse sponsored). Am I supposed to answer YES or NO? Since supposedly answering Yes to one of this questions is bad, and obtaining a waive is legal, I'd think they're looking for the first meaning. in which case I'd answer NO. What do you think?


    Thank you for your advice.
    Last edited by lfcunha; 05-28-2007, 11:40 PM.

  • #2
    I was in a similar situation. On J visa was subject to the 2 year home residency rule. I obtained a waiver prior to submitting my adjustment of status application. On Question 12 i answered no, stating i was subject but has obtained a waiver.

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