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Do I need a J-1 waiver? Please help me !

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  • Do I need a J-1 waiver? Please help me !

    Hi All,

    I really need help for my previous J-1 Visa.

    I was an exchange student and obtained a J-1 Visa in 2008.
    I then came back to China in May 2009 and applied to a graduate school in US.
    In 2009, I obtained an F-1 Visa and came to US.
    I’m currently on my opt. My wife's asylum was granted, and she would like to file I-730 for me. But I then know J-1 visitor may have some troubles to change status in US.

    I checked my DS2019 issued in 2008, neither “Not Subject to the two-year residence requirement” nor “Subject to two-year residence requirement based on blabla” is checked. There is a “Bearer subject to 212(E) Two Year Rule” showed on my J-1 visa, but I don’t think my exchange program was funded by any government or international organization. Plus, the program was stopped at the beginning of this year because it was related to fraud. Every academic record related to this program was regarded as void.

    In addition, if my wife filed I-730 for me, can I then apply for a waiver using fear of future persecution after I-730 approval and my future "Asylee Relative" status?

    Please kindly help me and share your opinions.

    Thank you !

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