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?
2 Answers from Attorneys
Hello:
No. You must file the Waiver. Please contact my office for further information.
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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