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.


  • 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
    Commented May 9, 2018 at 21:37
  • Is it really? My daughter studies in Governor's School, which I believe is a public school. Commented May 9, 2018 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
    Commented May 9, 2018 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. Commented May 9, 2018 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? Commented May 10, 2018 at 0:53

1 Answer 1


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? Commented May 9, 2018 at 20:36
  • @MariaJovita: that's correct
    – user102008
    Commented May 9, 2018 at 20:36
  • That's good news! Commented May 9, 2018 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. Commented May 9, 2018 at 20:56

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge you have read our privacy policy.

Not the answer you're looking for? Browse other questions tagged or ask your own question.