Can I return on a tourist VISA any time right after leaving the US on a J1? I don't have the two year home residency requirement

Asked almost 2 years ago - Concord, CA

I have just finished my two years on a J1 VISA and I would like to return for a wedding. I also left my boyfriend behind whom ofcourse I would love to see sooner rather then later.
My VISA says I have an exception from the 212e VISA two year home residency requirement. Does that mean I can get a travel VISA without any problem? What other VISA's would be possible to get for longer then a period of a year? *especially considering today's economy challenges for obtaining a H1b VISA*

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . You are not barred from applying for a visitors visa.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . Options depend on facts. You really need to meet one on one with an experienced immigration attorney, whether myself or one of my colleagues, so that he/she can review all your documents and facts in order to determine what your options are.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Alexander Joseph Segal

    Contributor Level 20

    2

    Lawyers agree

    Answered . I do not see why not

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  4. Brian Christopher Schmitt

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . First, you need to know that annotations on DS-2019s and J-1 visa stamps are frequently incorrect and are not legally binding. I recommend you consult with a lawyer with specific experience in J-1 matters to make sure you are not subject to the two-year foreign residence requirement. They’ll need to see your DS-2019 and likely conduct a brief interview with you to make this determination.

    Second, if you are not subject to the two-year foreign residence requirement, you are not precluded from entering on a tourist visa any time after departure on the J-1 program.

    One subject to the two-year foreign residence requirement faces several legal disabilities. Specifically, one subject cannot: (1) obtain H or L visa stamps; (2) apply for the green card; and (3) apply for an immigrant visa. Therefore, even if you were subject, you could still come on the tourist visa. But if you were subject, you could not apply for an H-1B visa.

    As to other pathways to returning to the United States for a longer period of time, I recommend you consult with an immigration lawyer. Because of the potential J-1 issue, I recommend you consult with a lawyer that has specific experience in J-1 matters.

    Brian Schmitt
    Hake & Schmitt
    Attorneys at Law
    P.O. Box 540 (419 Main St.), New Windsor, Maryland 21776
    Phone: 410-635-3337
    http://www.hake.com/pc/

    Required Disclaimer: This information is generalized and should not be relied upon as legal advice; and this communication does not create an attorney-client relationship.

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Immigrant visas can lead to permanent residence in the US, but they require being sponsored by either a family member or employer.

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