Am I subject to 212(e) if my J1 program was not completed?

[ninturi]

I am writing to ask your opinion whether I am subject to the two-year foreign residence requirement, 212(e).

I am a physician from India. I arrived in the U.S.in 2009, to participate in residency program in Louisiana. I remained in the residency program only for 12 months. My contract was not extended & I did not complete the entire three years of residency training. I think this requirement is included in law so that the J1 visa acquired citizen will serve the home country with his/her newly acquired skills. I haven't acquired any skill as I didn't complete my program.

I have been in J-2 visa status since 2010. My husband is a physician in J-1 visa status. He will complete his residency in July 2013. He has an offer of employment in a physician shortage area and he will apply for a J-1 visa waiver.

1) As I didn't complete the three year residency training, please tell me whether I will still be subject to 212(e) when my husband receives his J-1 waiver.

Thank you for your time

[Attorney_11]

An individual admitted to the US to participate in a clinical graduate medical residency is subject to the home residency requirement, no matter whether they completed the program or not. Informal pronouncements by the Dept. of State Waiver Review Division in conflict with past Waiver Review Division practice and law have rendered it unclear as to what steps a former J-1 physician now in J-2 needs to take for orderly immigration in the future. A consultation with a qualified immigration attorney to discuss the current state of affairs and plan out a personalized immigration strategy would be valuable.