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212E 2-year residency requirement

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  • 212E 2-year residency requirement

    2-year residency requirement.
    Hello everyone, any advice will be greatly appreciated.
    I got my 1st temporary green card back in 2001...when I applied for my citizenship after having my 10-year green card for a long time I got denied due to 2 years of residence requirements on my 1st Visa which I had no idea existed. First time when I applied for a green card the question on the immigration form did not exist. However, I did submit all my passport pictures with that visa and I'm subject to a 2-year requirement. Since then I renewed my green card again for another 10 years. No issues. Immigration overlooked my paperwork. Now I don't know what my next move should be. I was denied citizenship back in 2008. Since then I have been trying to waive the visa however I can't get my embassy to play ball. One lawyer says I should apply for citizenship and fight it in court. One says to go through hardship since I have 2 kids.
    Any thoughts will be greatly appreciated.​

  • #2
    If you were subject to the 2-year home residency requirement, then your green card was granted in error. They discovered this in 2008 but did not put you in removal proceedings? Except in the 3rd Circuit (Delaware, New Jersey, Pennsylvania), you can be removed for a green card granted in error.

    Are you sure that the 2-year home residency requirement applies based on the facts of your case, or is there doubt?

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Im sure, 2 year apply.

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      • #4
        How close is your physical presence in your home country after J1 to 2 years? Who petitioned you to immigrate? Is it feasible to spend however much time in your country it takes to get to 2 years, and then apply for a green card again?

        Alternately, if you can't get naturalized but don't get removed, and stay as a green card holder long-term, is that acceptable? You still have the risk of them removing you, but apparently they haven't done so in so many years.

        This is my personal opinion and is not to be construed as legal advice.

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