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My J1 visa will expire in June 2018. I will go back home to my country after that. After a month in my home country, can I apply for a tourist visa to visit US. I am subject to the 212e rule (2-year-home-country rule).

Another thing, my daughter is just finishing 11th grade this June 2018. She has a J2 visa, since she's my dependent, she's also subject to the 2-year-home-country rule. But I want her to finish 12th grade here in the US because she loves her school so much. So when we go back home this June, can I apply for a student visa (F1) for her for school year 2018-2019?

Thanks for those who will answer.

Maria

  • Note that she cannot study in a public K-12 school on F1. So it would only work if it was a private high school that is willing to issue I-20s. – user102008 May 9 '18 at 21:37
  • Is it really? My daughter studies in Governor's School, which I believe is a public school. – Maria Jovita May 9 '18 at 22:00
  • Technically, it is possible to attend a public high school on F-1, if it is no more than 12 months, and you will repay the school for the full cost of the education. See 9 FAM 402.5-5(K) and this page. In practice, I don't know of any public schools that issue I-20s. – user102008 May 9 '18 at 22:43
  • The school she attends starts in August and Ends in May. That's 9 months. BY THE WAY, THANK YOU FOR RESPONDING, YOU'VE BEEN VERY HELPFUL. – Maria Jovita May 9 '18 at 22:51
  • I just checked, my child's school is not a "Student and Exchange Visitor Program (SEVP)-certified school". In my understanding (please correct me if I am wrong), the school has no ability to issue Form I-20 then. So, just by this scenario, how else can I get to try to take a chance to apply for an F1 to a public school visa for her since this is the first step? – Maria Jovita May 10 '18 at 0:53
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Yes. The INA 212(e) home residency requirement simply prevents you from getting an H or L work visa or getting US permanent residency before you satisfy the requirement or get a waiver. It does not affect your application for any other type of visa.

  • So, let's say my daughter and I go home this June and apply for a tourist visa (for me) and a student visa (for her), our status of not completing yet the 212(e) won't prevent us to get such visas? – Maria Jovita May 9 '18 at 20:36
  • @MariaJovita: that's correct – user102008 May 9 '18 at 20:36
  • That's good news! – Maria Jovita May 9 '18 at 20:54
  • Do you know the possibility of getting approved, though? I mean, I feel that it might be tricky to apply for a different non-immigrant visa when I just finished J1 and has to fulfill the 212(e) rule. My purpose is really for my daughter's one more year of HS education, not for anything else. – Maria Jovita May 9 '18 at 20:56

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