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Can an Au Pair be subject to 212 (e) by mistake?

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Please help!!! Subject to 212 (e) BY MISTAKE :'(((

I was a participant of InterExchange Au-Pair program and came to the US on a J1 visa. I believe US Embassy had erroneously subjected me to a Two-Year Home Country Physical Presence Requirement, also known as INA 212 (e). Neither square on my DS-2019 regarding 2-year rule is marked, but there is a stamp in my passport that reads "Bearer is subject to Section 212 (e)", which brings me to a conclusion that US Embassy made this determination based solely on the assumption that Au-Pair program in which I had participated was sponsored by the government.

There are three instances that may subject a J-1 visa holder to a 2-year rule: A. Government funded Exchange Program; B. Specialized knowledge or skill; or C. Graduate medical education/training. I was not a medical student when I participated in this program, nor did I come to the US to obtain such education or training; further, my country does not appear on the Exchange Visitor Skills list, which means that could not have been a basis for the 2-year rule and finally my participation in exchange program was not sponsored directly or indirectly by either American or my country's government, therefore Two-Year Home Country Physical Presence Requirement should not apply to me.

The reason that the visa officer assumed that I may be subject to this rule is because my pink form states that I was receiving financial support. What the officer did not know was that such support came from the host family that I was assigned to. If I was subject to this rule, the appropriate square on the pink form should have been marked. Moreover, if such selection is to be made, a basis for the rule also must be stated on the form according to three choices provided (A, B, or C). No such steps have been taken, which again shows that I should not have been subject to this rule.

I have consulted several attorneys but since none of them had dealt with this kind of situation in the past they suggested applying for a waiver which in my case would be impossible to get because my country no longer issues No Objection letters. No other basis for the waiver aply to me.

Thank you for any input you can provide!

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Where country are you from?


Relationship and I-130 Process

Sometime in October, 2011: We met online talking about Argentina.
Later in October: Met in person in Philadelphia and became good friends.
March 4, 2012: Became girlfriend and boyfriend, officially.
March 21: Gloria leaves the US at the end of her J-1 Visa.
April 9: Got engaged!
May 12-26: Chris visits Buenos Aires.
May 18: Got married in Argentina :) Happy day!!
May 29: Sent out I-130
June 4: NOA1 received.
August 17-20: Chris visits again.
September 22-29: Chris 3rd visit, Gloria's birthday!
November 11-January 5: Chris stays in Argentina almost 2 months, Gloria is happy!
December 28: NOA2 YAY!!!
December 31: Package received at NVC.
January 18, 2013: Got case # and IIN.
February 6: Case complete!!
February 11: Interview assigned.
February 25: Package received at Embassy in Buenos Aires.
March 18: Interview Approved!!
March 28: Visa received.
March 29: Houston POE

April 11: received greencard!!!!!!!

January 9, 2015: sent out form I-751

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Yes, did you file an Advisory Opinion? My friend got "subject to 212(e) requirement" printed on her visa, and is actually not subject to it.

Original DS-2019 says not subject, and the Advisory Opinion explained the mistake.


I'm just like a point mass that can move through space but has no internal degrees of freedom.

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my fiance is an au pair from el salvador, she took like 3 part time english classes as part of the program but primarily worked as a nanny. will that make he part of the skills list? she wasn't even close to a full time student and no government funding involved. she has the two year requirement on her visa we are in process of requesting the advisory opinion. i don't know how a few classes makes you required to go home for two years. any hopes it was mistake?

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