I-485 Part 9 Question 19, 20 ,21 Assistance/Guidance

[Naylanm 0]

Hi everybody,

 

My wife is currently on a F1 visa, but was previously on a J1 visa that had the 2-Year Home Residency Requirement almost two years ago. Her Home Residency Requirement (HRR) was because her home country (Peru), was on the skills list. But as of Dec. 2024, Peru was removed from the skills list making her exempt from the HRR. We are currently stuck on Part 9 question 19, 20, & 21 on the I-485. We believe in our case it goes 19. "Yes", 20. "No", 21. "No". We are unsure if an advisory opinion from the DOS would suffice as enough supporting evidence to show my wife is not subject to the HRR. Or if we should answer differently for question 19, as technically she was subject to the requirement but is not anymore.

 

19. Have you EVER been a J nonimmigrant exchange visitor who was subject to the two-year foreign residence requirement?

20. If you answered “Yes” to Item Number 19, have you compiled with the foreign residence requirement? 

21. If you answered “Yes” to Item Number 19 and “No” to Item Number 20, have you been granted a waiver or has Department of State issued a favorable waiver recommendation letter for you?