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

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?

Corpus Christi, TX -

Attorney Answers (1)

Stephen D. Berman

Stephen D. Berman

Immigration Attorney - Chicago, IL

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... more

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