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Meeting 212(e) Home Country Residency for Immigrant Visa

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  • Meeting 212(e) Home Country Residency for Immigrant Visa

    Hi all,

    This is an amazing resource and has answered so many of my questions already!

    I would like to hear if anyone has experience with the NVC stage while 212(e) (2-year home country residency requirement) is in effect and/or with the immigrant visa interview having just met 212(e). I was told by an immigration lawyer that as long as 212(e) is satisfied at the time of the visa interview, then the requirement is considered met.

    In my particular situation, my wife is currently subject to 212(e), but should be able to satisfy it by the time the interview is scheduled. USCIS approved my petition and forwarded it on NVC earlier this month. My wife plans to do the visa interview in Guangzhou if that helps.

    Your feedback is greatly appreciated!

  • #2
    I think that is correct. Do you have the interview date already scheduled? Make sure you don't leave that up to luck.
    EB2 - National Benefits Center (I-485/I-765/I-131)
    - Priority Date: 10/19/2018
    - Biometrics NOA: 11/09/2018
    - Biometrics Appt: 11/26/2018
    - Fingerprint Review Completed: 11/28/2018 and again on 12/05/2018
    - Combo card (I-765/I-131) approved: 05/03/2019
    - Combo card (I-765/I-131) received: 05/10/2019
    - Interview Notice: 10/03/2019
    - Case Approved: 10/04/2019
    - Card in hand: 10/10/2019
    (374 days of DOL/I-140 and 356 days of AOS = 730 days of Green Card Process)

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    • #3
      We don't have an interview date yet. The case is currently at NVC. However, I heard that Guangzhou allows us to schedule rather than scheduling for us.

      I've looked at the sample DS-260, and there is a line that reads "Are you a former exchange visitor (J) who has not yet fulfilled the two-year foreign residency requirement?". I'm planning to indicate that the requirement will be met by the time of the visa interview with documented evidence (passport stamps/boarding passes/airline records) summarized in a formal letter that will be available upon request at the interview.

      Would you recommend also indicating the exact date at which this requirement will be met (barring further travel) in that explanation?

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