Legal Question in Immigration Law in Oregon

In 1995 I entered USA on a J-1 visa. My exchange program was sponsored by US government, therefore I was subject to section 212e (two-year home country residency requirement). In 1997 I married a US citizen and applied for an adjustment of status to a permanent resident. In 1999 my application for an adjustment of status was denied because I was subject to section 212e and did not obtain a waiver, otherwise my application would have been approved.

Back in 1999 I did not believe I had any chance of getting a waiver of two-year home country residency requirement, so I did nothing. (I still don�t think I have much of a chance.) Since then I have been living in USA without an immigration status. As of now I am still married to the same US citizen and have a US citizen child.

My question is: Does this two-year home country residency requirement ever expire? So if I file for an adjustment of status now, in 2011, without a waiver of two-year home country residency requirement, is there a realistic chance of my application being approved?


Asked on 2/03/11, 3:47 pm

2 Answers from Attorneys

Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

No. You must file the Waiver. Please contact my office for further information.

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Answered on 2/08/11, 4:44 pm
Luba Smal Smal Immigration Law Office

No, it doesn't expire. Doesn't matter how many years will you spend in the USA, you are still subject to this requirement.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you want to schedule legal consultation, or need legal advice and help, or help with reviewing the documents and paperwork that you prepared yourself - you can EMAIL me at Attorney@ law-visa-usa.com and I�ll send you a confidential Questionnaire and instructions. Or complete an Info Form with a consultation request at https://lawvisausa.powweb.com/info_form.html . For more information please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 2/09/11, 6:31 am


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