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J-1 Visa: 2 Year Rule

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Hello to every one! I beg everyone, who has experience or has attorney to help in this case. This website helped me and I hope will help to my friend.

My friend had J1 visa, and she came from EU. In her passport is 2 years rule

Organization what helped her to get in the USA is an international organization (CAEP), what means she doesnt owe anything to anyone. 

So she came as J1 in 2013 for one year;

after got B2 for 6 months;

after 1 year smth was without any visa;

in 2014 she met her husband, he was also a tourist in the USA, after they got married and he applied for a green card through his job in 2016. 

Everything was fine, until he started I 485 with his companys attorney, and they noticed that "2 years rule" in her passport. Just now they saw that!!! I think its a mistake of attorney, that he didnt check her passport before. Case lasted more than 6 months, and attorney just said her this.  Her husband had to send his I 485 without her, because he doesnt want to lose the case, but she is completely frustrated what to do. She doesnt know where to start. 

They talked with 4 attorneys, everyone says different things. Today attorney told her that she needs to go back to home for 14 months, and when her husband ll get GC, maybe they ll accept her I485, but first she needs a waver. 

My friend is crying every day. And her husband cannot do anything. 

If you have any attorney to help, please share.

Its a really difficult case, to find someone with such experience is very hard. 

 

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Odd that your friend did not mention the 2 year HRR before.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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9 hours ago, Boiler said:

Odd that your friend did not mention the 2 year HRR before.

If an attorney doesnt check your passport before applying any case with you, he is unprofessional. Just know it!!!

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You certainly live and learn.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Just now, Boiler said:

You certainly live and learn.

unfortunately, its sounds like that. My friend paid 8000 doll for a case, she took a loan with her husband and attorney before Christmas "opps, I didnt see that, and I am sorry I am on vacation". And this attorney has 30 years experience. 

 

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For now you friend should know that the 2 year requirement is there and must be fulfilled. Moving forward any dealings with anyone, lawyer or not, she should disclose everything. The 2 year requirement may be a hurdle and as you already see costs her time and money.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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Sounds like she was trying to hide it hoping it would go away.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Just now, NuestraUnion said:

For now you friend should know that the 2 year requirement is there and must be fulfilled. Moving forward any dealings with anyone, lawyer or not, she should disclose everything. The 2 year requirement may be a hurdle and as you already see costs her time and money.

 

Yes I know, she started looking for doc in her embassy. She called to Romanian embassy, but they dont know what exactly she has to do. 

And the thing is her husband already applied, and she ll not have any work permit even while waiting. But to pay loan and to pay bills, its crazy.

When attorney said " maybe you have to go to Romania for 14 months", she answered" ok, I go, but who gonna pay for a car, and loan? " its not easy to go.

If anybody know good attorney for WAVER thing, please let me know. My heart is broken when I see my friend crying, She works 60+ hours a week to handle this.  

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Just now, Boiler said:

Sounds like she was trying to hide it hoping it would go away.

She didnt hide anything!!! She paid for her program to come to the USA, nobody financing her. She forgot that she had that. 

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She forgot she had a two year home requirement? 

 

For a lawyer, try looking in the Find an Lawyer site:

https://www.avvo.com/immigration-lawyer.html?utm_source=visajourney&utm_medium=affiliate&utm_campaign=link&utm_content=find_a_lawyer&c3ch=affiliate&c3nid=visajourney

 

Immigrate2us.net has a lot of tough cases that require lawyers. You may get feedback there.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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6 minutes ago, NuestraUnion said:

She forgot she had a two year home requirement? 

 

For a lawyer, try looking in the Find an Lawyer site:

https://www.avvo.com/immigration-lawyer.html?utm_source=visajourney&utm_medium=affiliate&utm_campaign=link&utm_content=find_a_lawyer&c3ch=affiliate&c3nid=visajourney

 

Immigrate2us.net has a lot of tough cases that require lawyers. You may get feedback there.

 

Thank you for your links. We ll definitely look. I really appreciate that. 

About the rule, she came to the USA every ear, so thats why she didnt know that it ll be an issue. And besides that, she didnt get help from anyone to come here. 

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