Immigration- J1 visa's 2 year rule. When can I apply for DS 260?

Anonymous Sep 7, 2014 Immigration 10 views 1 answers

I am subject to 212 (e); 2 year HRR. My wife has approved I-130 for me and I am getting close to finish my 2 years rule by staying in home country now. Now, DO I have to wait for the 2 years to be over to even apply/file the DS 230/DS 260 ? or, As it takes at least 2 months for the Visa Interview date upon filing DS 260; can I apply by filing DS 260 and other documents 2 months ahead of finishing my 2 year? One specific question in DS260 asks if I am a former J visa holder who hasn't yet fulfilled the 2 year rule. What should I answer here if I am allowed to apply early?

Attorney Answer

1

Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed

Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed · Jun 15, 2026

You are right. Nothing prohibits you from applying for all the DS's now.. In fact, you would be foolish not to - all the 2 year HRR limits you with is that you will not be able to have the immigrant visa approved and issued prior to your having fulfilled the 2 yr HRR; nothing precludes you from applying way in advance: go ahead and apply now. When you apply early (but not that early at all in your case) either way you apply will not make much difference.. I would put "no", since you are that close to fulfilling..

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