Am Istill eligible for J! visa after a given a favorable recommendation for a year home residemce requirement?
Asked on Sep 05th, 2013 on Immigration - South Carolina
More details to this question:
I obtained my J1 Visa in 2002 then I applied for a waiver few months before my visa ended.I was given a favorable recommendation for my waiver in September 2005, two months after the duration of my status. I called up the embassy just to realize I was already out status then I decided to come home without the final determination of the USCIS. Now, I'm planning to apply again for a J! visa. Am I still eligible?
You remain eligible to apply for another J-1 visa and that would be either approved or denied in the discretion of the American consular officer. At the interview, you may be questioned concerning what occurred with the previous J-1 visa and whether you overstayed. But neither obtaining a favorable recommendation to waive the two-year home residence requirement nor overstaying a J visa is an automatic bar against being issued another J-1 visa.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
The foreign residency requirement waiver doesn't require you to be in the US, so it may have been approved after you left. You need to find out if the waiver was approved. If it was not, you won't be eligible to start a new J1 program without first completing your FRR.
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