Jeanlee

I am a J1 visa holder. I am planning to have a short trip to my home
country this summer. However, an adviser in IES (international
education service) at school told me not to go. She said that because I
have married an American, the US government presumes that I have
immigration intention, so they will not issue me the non-immigration
visa (such as J1 visa) again once I leave the US. (My current visa has
expired, so if I leave the US, I would need a new visa to come back).
Is that true???

Crg14624

    > I am a J1 visa holder. I am planning to have a short trip to my home
    > country this summer. However, an adviser in IES (international
    > education service) at school told me not to go. She said that because
    > I have married an American, the US government presumes that I have
    > immigration intention, so they will not issue me the non-immigration
    > visa (such as J1 visa) again once I leave the US. (My current visa
    > has expired, so if I leave the US, I would need a new visa to come
    > back). Is that true???

Your IES has given you very good advice.

Ingo Pakleppa

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It depends on the exact circumstances, but generally I would agree.

Do you have the 2-year home residency requirement? If not, my suggestion
would be to simply file for a Green Card right now, and also apply for
Advance Parole. This would allow you to travel.

If the HRR does apply, it could be evidence in your favor when the
consulate looks at your visa application. Because you are not allowed to
immigrate anyway (and state that you intend to comply), the issue of
immigration intent may be less severe.

Also, if you have already been married for a long time and/or our spouse
lives outside the USA, the issue may be less severe.

In this context, "less severe" means that there still may be a risk, but
it may be much less than it would otherwise be.

jeanlee wrote:
    | I am a J1 visa holder. I am planning to have a short trip to my home
    | country this summer. However, an adviser in IES (international
    | education service) at school told me not to go. She said that because I
    | have married an American, the US government presumes that I have
    | immigration intention, so they will not issue me the non-immigration
    | visa (such as J1 visa) again once I leave the US. (My current visa has
    | expired, so if I leave the US, I would need a new visa to come back).
    | Is that true???
    |


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Please visit my new FAQ at http://www.kkeane.com (always under
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Jeanlee

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    > Hash: SHA1
    > It depends on the exact circumstances, but generally I would agree.
    > Do you have the 2-year home residency requirement? If not, my
    > suggestion
    > would be to simply file for a Green Card right now, and also apply for
    > Advance Parole. This would allow you to travel.
    > If the HRR does apply, it could be evidence in your favor when the
    > consulate looks at your visa application. Because you are not allowed
    > to
    > immigrate anyway (and state that you intend to comply), the issue of
    > immigration intent may be less severe.
    > Also, if you have already been married for a long time and/or our
    > spouse
    > lives outside the USA, the issue may be less severe.
    > In this context, "less severe" means that there still may be a risk,
    > but
    > it may be much less than it would otherwise be.
    > jeanlee wrote:
    > | I am a J1 visa holder. I am planning to have a short trip to my home
    > | country this summer. However, an adviser in IES (international
    > | education service) at school told me not to go. She said that
    > | because I
    > | have married an American, the US government presumes that I have
    > | immigration intention, so they will not issue me the non-immigration
    > | visa (such as J1 visa) again once I leave the US. (My current visa
    > | has
    > | expired, so if I leave the US, I would need a new visa to come
    > | back).
    > | Is that true???
    > |
    > - --
    > Remember, I am strictly a layperson without any legal training. I
    > encourage everybody to seek competent legal counsel rather than
    > relying on usenet newsgroups.
    > Please visit my new FAQ at http://www.kkeane.com (always under
    > construction)
    > My email address in usenet posts is now invalid for Spam protection.
    > See my Web site for information on how to contact me.
    > Please feel free to enjoy some of my photographs at my Web site
    > http://www.ingopakleppa.com ! Comments are welcome.
    > -----BEGIN PGP SIGNATURE-----
    > Version: GnuPG v1.4.0 (MingW32)
    > Comment: Using GnuPG with Thunderbird - http://enigmail.mozdev.org
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Thanks for your replies.

I received my government funding for 3 years. My first visa showed that
I am subjected to HRR, but the second visa showed I am not. I guess it
is because I use my personal funding when I applied the second visa (my
government funding only last 3 years). I heard that once you are
subject, you are always subject unless you fulfill that requirement. Is
that true?

Ingo Pakleppa

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Yes, the HRR applies unless you either fulfill it or have it waived. The
idea is that you basically "owe" these two years to both the US and your
home country. Just as a debt does not disappear magically, the HRR also
does not.

    | I received my government funding for 3 years. My first visa showed that
    | I am subjected to HRR, but the second visa showed I am not. I guess it
    | is because I use my personal funding when I applied the second visa (my
    | government funding only last 3 years). I heard that once you are
    | subject, you are always subject unless you fulfill that requirement. Is
    | that true?



- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under
construction)

My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Jonathan McNeil Wong

Ingo Pakleppa (see Web site for email) wrote:
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    >
    > Yes, the HRR applies unless you either fulfill it or have it waived. The
    > idea is that you basically "owe" these two years to both the US and your
    > home country. Just as a debt does not disappear magically, the HRR also
    > does not.
    >
    > | I received my government funding for 3 years. My first visa showed that
    > | I am subjected to HRR, but the second visa showed I am not. I guess it
    > | is because I use my personal funding when I applied the second visa (my
    > | government funding only last 3 years). I heard that once you are
    > | subject, you are always subject unless you fulfill that requirement. Is
    > | that true?
    >

An HRR based on government funding used to be pretty difficult to waive
(as opposed to a skills list HRR, which could generally be routinely
waived with a no-objection statement).

The OP does take a chance on a 214(b) refusal depending on the
government involved. But the HRR would be strong evidence that
immediate immigrant intent would not be possible.

I do agree that if the OP is at all risk-averse, she should stay here.