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I have a small problem and can't figure it out. I entered the US as a J-1 student and then changed to F-1 in 2010 and using a valid OPT currently. My DS-2019 says that I’m subject to 2 year home residency because I’m using the US government funding (this portion was filled with the officer at the embassy that might be an error). However, my J-1 visa says that this rule does not apply to my country. Now the question is I’m subject to this rule or not? Now, I would like to apply for the permanent residency and I thought this might cause me some problems.
I have some stuff to support my claim including:
1. Two letters from my supervisor and sponsor of the program explaining that I did not use the government fund and support my claim.
2. The country of Iran is not on the skill list at the Department of State website.
3. To obtain a waiver, the embassy of my country should write a "No Objection" letter to the DOS. As you may know, Iran has no embassy in the US because there is no diplomatic relationship between these two countries. Moreover, the office of interest section of Iran does not have any idea about this letter. So, this might be a big problem to get a "No Objection" etter from them.
4. The source of funding on my DS-2019 says that I have used Fund X. However, this program is designed for medical doctors to get training in the US and I did not use that since I was not a medical doctor. As my supervisor has explained in his supporting letter, I did not consume the funding from U.S. Agency for International Development either.
5. I have asked one of my friends with a kind of similar problem and he told me that 212e rule does not apply to Iranians because there is no program between the US and Iran. However, I’m not sure how true that is.
We do suggest that you contact the US Department of State to request an advisory opinion. For more information, please see this link.
Please be advised that even if your J-1 visa is subject to the INA 212(e) two year home country physical presence requirement, it does not affect your ability to file the I-140. But, if your J-1 visa is subject to this restriction, you must either satisfy this requirement or get a J-waiver before you will be eligible to file the I-485 for adjustment of status.