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How do you tally up the days you spent in your home country to fulfill the 212(e) requirement?

Corpus Christi, TX |

Hello, I'm currently an F-1 grad student with an expired visa but valid I-20 until next year. I got married in July to a US citizen. I want to apply for AOS but I'm subject to 212(e) 2-yr residency requirement from my master's J-1 visa. I spent 1 yr and 7 months in my country after my J-1 and then I've been on short-term stays. My passport stamps and calculations show I have spent a total of 734 days in my country, which will fulfill the requirement. Since I barely meet the requirement, I want to know how do you account the days spent in the home country - just to make sure I do not come up short later on in the process and thus jeopardizing my PhD if I apply for AOS. Let's say left the US and arrived in my home country on Oct 25 and came back to US on Oct 27, would that be 3 or 2 days?

Attorney Answers 1


In your example, I would indicate you spent 2 days in your country, to be safe.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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Thank you!!! I've been biting my nails over this detail for the past couple of days.

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