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May 05, 2005

J visa and the Home Residence Requirement

Today I participated in an AILA teleconference about the J visa and the Home Residence Requirement hosted by AILA practitioners, H. Ronald Klasko and Michael Maggio and State Department officials, Stephen K. Fischel and Jinny Chun. One of the questions was whether the spouse J-2 of a J-1 needs a waiver of the Home Residence requirement. The answer was yes, and if divorced the waiver is normally approved. Another topic was J waivers for doctors; if the doctor's J visa was for "graduate education or training" then the doctor needs a waiver; if the J visa was for some other purpose then there must be a detailed explanation as to why the two year residency requirement does not apply. Note, that "incidental patient care" does not make the doctor subject to the waiver if the “incidental care” is related to another primary purpose. For a waiver based on persecution the standard "would be persecuted" is a higher standard than asylum. The AILA teleconferences are a great way to learn more about immigration law.

Posted by VisaLawyer at May 5, 2005 03:42 PM


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