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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

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*

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Attorney answers 4

Posted

I do not see why not

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Posted

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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Posted

You are not barred from applying for a visitors visa.

Please click the link below for additional information.

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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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Posted

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.