Section 212(E) discrepancy on J2 stamping and DS 2019

[pyridot]

Hi,

The consular officer at my visa interview marked the two year waiver (check box that says 'Exchange visitor in the program is not subject to the two year residence requirement' , has been selected) on my DS 2019.  However, my passport was returned with my J2 visa stamped with the section 212(E) applied! The primary applicant holds a J1 visa and is also exempted from the two year residency requirement (DS 2019 and J1 visa one the passport are consistent). 

I have the following questions:

1)  Which document is correct? do i have to fulfill the residency after my visa expires?

2) Will this discrepancy pose a problem at any stage of my travel, stay or EAD later?

3) Whom do I contact if I need to get this clarified? I am based in India and got my visa from Mumbai.

4) What is the processing time I am looking at in case this needs to be resolved before entering USA? My travel date is in 30 days. 

Hope someone can answer my query. This is the first time I have applied for any kind of visa for USA. Apologies in advance if I have misunderstood the 212(E) requirement or other procedures. Thanks in advance.

[pontevecchio]

Involve a Lawyer and if necessary get an advisory opinion from the DOS.

[pyridot]

@pontevecchio ok thank you. I have written to the support portal for my country too. 

[ShubhamBankar]

Did you finally applied for waiver or just went with your H1B? My DS2019 does not match with my passport stamp? Please help me with this

[mydream_07]

@pyridotPlease help. I am in a similar situation. Need to know urgently. 

[Attorney_26]

If the J- 1 visa holder is not subject to the 2 year home residency requirement, then neither is the J-2. You can write to the U.S. Department of State requesting an advisory opinion on whether 212(e) is applicable in your situation if you believe that the consular officer made  a mistake.