A M
Mar 1, 2023
RFE regarding 2 year home residency (J-1)
Has anyone else received an RFE asking to prove you're not subject to the J-1 home residency requirement? I am in the AOS and did not try to request a waiver as I wasn't funded by US/foreign government, my home country is not on the skills list, and I'm not a medical doctor. (The three criteria, any one of which would make you subject to the return rule). Both my DS-2019 forms and my passport don't have an indication one way or another. Being Canadian, we don't have a full visa page in our passport either. My lawyer hasn't been helpful and I feel like they should have known this might be coming when we filed. Trying to figure out how to respond to the RFE since I don't meet the requirements for a two-year return as outlined in the 212(e). Thoughts?
ADVERTISEMENT
Sa OMar 1, 2023
Seek the assistance of an attorney
J PMar 1, 2023
talk to a lawyer and also send a copy of your J1 visa. it normally says in the bottom if you’re subject to the 2 year requirement or not.
A MMar 1, 2023
@Mandalorian A - Thanks! I thought I read the wait time for advisory opinion was upwards to 12 weeks. Is this a necessary step or you're saying it might be the easiest way to show proof?
Grace GraceMar 1, 2023
do you have it written in the bottom of your J1 visa? If not just say you are not subject to it and put a screen shot of your visa page
A MMar 2, 2023
Thanks for the feedback everyone!
Yes for sure. It isn't on my visa stamp or my DS-2019. However, the international scholar center also wrote me a letter indicating that I'm not subject to the 212e too. Might as well include as much evidence as possible.
EB2 NIWMar 2, 2023
I am on J1 visa. On my DS it was ticked that I am not subject but on my visa sticker it was said that I m subject. so the first thing I did was get an advisory as directed by my lawyer. as this document is the most powerful when it comes to 212e rule. and it turned out that I was not subject to 212e rule. therefore I would strongly suggest to go for advisory opinion.
EB2 NIWMar 2, 2023
one think I want to ask that after how much time you got the RFE after filing your AOS
A MMar 2, 2023
I received my first RFE 700 days after filing my AOS. This is my second RFE. They sent me the first one 19 days ago asking for copies of my passport, birth certificate, DS-2019, and visa stamps.
