Applied for immigration 2 years ago, but now I'm on a J1 with 212(e)

[bullstreet]

Hey everybody, happy to join, but i desperately need help and reassurance.

My parents are green card holders and they applied for my green card too. That happened 2 years ago, we've paid everything that was asked of us and submitted all paperwork. We just had to wait for my immigration interview.

During that wait period I applied for a scholarship that would let me do an internship at D.C., with a J1. A government sponsored program. I eventually won, and came to the US with a J1. But what I noticed is that it has the 212(e) designation.

Which basically says that since I was sponsored by my home government to come here, I can't apply for any immigration or another process to come to the U.S. for the next two years.

We called the person who is handling our case and told us not to worry and that the 212(e) doesn't apply to me since our immigration process started a long time ago.

My immigration interview date just arrived. And I'm worried he was wrong and I'll be denied the green card because of the 212(e).

Am I at risk of not receiving the green card, or in this instance the 212(e) doesn't hold as my immigration request was done way before I even applied for the internship?

[newacct]

Yes, if you are subject to the 212(e) restriction, you will not be able to get an immigrant visa or immigrate until you've been physically present in your home country (other countries don't count) for (cumulatively) 2 years.

[abumiqdad]

Just to share my experience:

i was previously on J1 visa, this was a long time ago, and then i won DV lottery. Even then, the consular wanted me to show proof that i had satisfied the 2 year home requirement after returning from the USA on J1 visa.

Had i not satisfied that, i would have not been granted the DV.

[bullstreet]

Immigration consultant said it doesn't apply.

Yes, if you are subject to the 212(e) restriction, you will not be able to get an immigrant visa or immigrate until you've been physically present in your home country (other countries don't count) for (cumulatively) 2 years.

The immigration consultant who handles our case says it doesn't apply since my application was received several years ago, and that 212(e) only applies for processes started after or during the internship.

[inadmissible]

The immigration consultant who handles our case says it doesn't apply since my application was received several years ago, and that 212(e) only applies for processes started after or during the internship.

Was your application for adjustment of status or application for an immigrant visa really received several years ago? If you are instead referring to an alien relative petition filed by your parents, or an immigrant alien worker petition filed by an employer for your parents (for which your are a derivative beneficiary), then you have yet to apply for adjustment of status or for an immigrant visa.

When you do apply for an immigrant visa or adjustment of status, you would then be within the scope of "Ineligible aliens. The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act" https://www.uscis.gov/ilink/docView/...0-0-24528.html as well as "No person admitted under section 101(a)(15)(J) ... shall be eligible to apply for an immigrant visa, or for permanent residence..." https://www.uscis.gov/ilink/docView/...0-0-24528.html

[newacct]

The immigration consultant who handles our case says it doesn't apply since my application was received several years ago, and that 212(e) only applies for processes started after or during the internship.

This person doesn't know what they are talking about. Read the text of INA 212(e). "No person admitted under section 101(a)(15)(J) or acquiring such status after admission ... shall be eligible to apply for an immigrant visa, or for permanent residence, or ... until it is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of a least two years following departure from the United States" You are trying to apply for an immigrant visa now. You will not get it until you've been physically present in your home country for 2 years. Here is some more info.