LPY Law Group

In cases of death or divorce from the J-1, or when a J-2 child reaches age 21, the Waiver Review Division may entertain requests for waivers on behalf of the J-2. The Division will need a completed data sheet, DS-2019/IAP-66 forms of the J-1, divorce decree or death certificate, whichever is applicable, and, for a dependent son or daughter turning 21, a copy of his/her birth certificate.

Yes, if the J-1 applies for and receives a favorable recommendation, members of the immediate family, if applicable, will be included.

Yes, a J-1 visitor’s dependent spouse and child are also subject to the foreign residence requirement.

Only the following visitors are subject to the foreign residence requirement:

• Any part of your participation in the exchange program was paid for, directly or indirectly, by your government or the United States Government. Your program sponsor should have noted on your DS- 2019 (previously the IAP-66) (Certificate of Eligibility for Exchange Visitor Status) if your program was paid for directly or indirectly by your government or the United States Government. You can also discuss this issue with officials from the Bureau of Consular Affairs.
• You are from a country which has been designated by Bureau of Consular Affairs as requiring your skills; or
• You arrived in the United States on or after January 10, 1977 to obtain graduate medical education or training.

States are subject to a requirement that they return to their home country to share with their States are subject to a requirement that they return to their home country to share with their countrymen the knowledge, experience and impressions gained during their stay in the United States. Unless USCIS approves a waiver for this requirement, exchange visitors must depart from the United States and live in their country of residence for two years before they are allowed to apply for an immigrant visa, permanent residence, or change to a new nonimmigrant status, immigrant visa, permanent residence, or change to a new nonimmigrant status.