Question about J1 Visa Home Residency Requirement and Chinese National

[LovingYouDH]

Hi,

I have a question about J1 Visa Home Residency Requirement <INA 212(e)>.

It stated:

"It is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of a least two years following departure from the United States"

For Chinese national who has passport issued by People's Republic of China government and have a J1 visa subject to the 2-years rule of HRR.

Based on the INA 212(e), does it mean that such Chinese J1 visa holder can reside in any part of the China in order to satisfy this 2-years rule of HRR?

For example, if the J1 visa holder's home town is Beijng, China. Can he/she reside in Shanghai or even in Hong Kong, after departure from United States, in order to satisfy the HRR?

I would also like to know whether residing in Hong Kong would be allowed to satisfy the HRR by a Chinese national (with passport issued by People's Republic of China government).

Hong Kong is part of China.
Is Hong Kong considered part of China by USCIS or States Department?

Thank you for your help.

[pontevecchio]

Is the person not able to get a waiver? Has an advisory opinion been sought from the State Department about applicability of the 2 year HRR or not? I suspect you can do the HRR anywhere. I would suggest getting a phone consult with the firm of Murthy and enquiring about waiver possibilities and whether stay in HK is Ok.

[LovingYouDH]

Hi. Thank you for your reply.

The person, who is currently has a valid J1 Visa, received financial support from Chinese government when applying for J1 visa and it was marked in the DS-2019 form too. 

The person is elementary school teacher, and unfortunately, I believe it is also listed under the J1 skill list too: https://travel.state.gov/content/visas/en/study-exchange/exchange/exchange-visitor-skills-list.html

Therefore, I believe it is very likely to get the No Objection Statement (NOS) from the Chinese Embassy.

The NOS is required to get the J1 waiver.

It is also unlikely that the person can qualify for other remaining 4 bases of J1 waiver.

That's why I am seeking information about HRR.

Thank you.

 

[Mersy]

Hi, I have the same situation. 

short-term J-1 experience in 2013, Beijing Embassy; without any sponsor from China but from the US; subject to 2-year HRR on my J-1 visa.

Directly got back to Hong Kong from the US in 2013 and working til now (2017).

I am wondering whether the staying in HK can be regarded as fulfilling of HRR?

Many thanks.

[Mersy]

By the way, could you help to complete the J1 waiver of my case, mainly on the New York Service Center for Chinese Study Fellows, Inc. ? I am in Hong Kong.

If you are ok, Could you PM quote? Approximately how long it will be?

Thanks a lot!

[pontevecchio]

@mersy,

 

This is a forum. If you desire representation by the firm of Murthy please give them a call .