Legal Question in Immigration Law in California

How do I find out if I am subject to the 2 year requirement?

I am in the process of getting a J1 visa (as an Au Pair) I havent filed for it (yet) because I want to know if I am subject to the 2 year requirement? How do I find this out?? I read the requirements but I dont know if they apply to me. Do I call the embassey?


Asked on 2/02/09, 4:46 pm

3 Answers from Attorneys

Rebecca White Law Office of Rebecca White

Re: How do I find out if I am subject to the 2 year requirement?

You can ask the program sponsor or the embassy. If you have further questions please contact my office directly.

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Answered on 2/02/09, 4:52 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: How do I find out if I am subject to the 2 year requirement?

The Sponsor should tell you, if you are going top be in Southern California contact my office.

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Answered on 2/02/09, 5:55 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: How do I find out if I am subject to the 2 year requirement?

It is a matter of doing the research to determine whether you are "subject to" the foreign residence requirement. The Embassy can't give you a definitive answer on this. Consuls make mistakes on the DS-2019 forms all the time with false positives, i.e., they state people are subject to the requirement when they are not. The criteria are whether your skills are on the Skills List of the Foreign Affairs Manual for your home country or country of last legal residence, whether your J-1 was funded by the U.S. or foreign country in whole or in part, directly or indirectly, and/or whether you are receiving foreign medical education. Any one of these make you subject to the requirement. I can determine whether the two year requirement even applies, and if it does, guide the waiver process.

For more information, write to me at [email protected] or check me out at http://www.yardum-hunter.com.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

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Answered on 2/03/09, 1:10 am


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