How Does 8 C.F.R. §245.1(c)(2) Affect a J-1 Applying for a Green Card?
8 C.F.R. §245.1(c)(2) makes a person who has or had J exchange visitor status and remains subject to §212(e) ineligible for ordinary adjustment under INA §245 until the requirement is fulfilled or waived.
The regulation covers current and former J status
The text applies to an applicant who has or had exchange visitor status and remains subject to the foreign residence requirement.
Compliance or waiver removes this particular restriction
The §245.1(c)(2) restriction does not apply once the person has complied with the foreign-residence requirement or has been granted a waiver under §212(e).
Physician state waivers have an additional condition
The regulation separately provides that a physician granted a state-requested waiver remains ineligible for adjustment if the terms and conditions of INA §214(l) and the implementing physician-waiver regulation have not been met.
Other adjustment requirements remain
Resolving §212(e) does not eliminate other adjustment bars, admissibility issues, visa availability rules, or petition requirements.
Frequently Asked Questions
Does 8 CFR 245.1(c)(2) apply to a former J-1?
Yes, if the person remains subject to §212(e).
Can waiver approval remove this specific adjustment restriction?
Yes.
Do physician service requirements still matter?
Yes.
Need Help With a J-1 Waiver?
The Messersmith Law Firm represents J-1 exchange visitors, physicians, researchers, professionals, and families in complex INA §212(e) matters.
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