Does Becoming a Permanent Resident of Another Country After J-1 Change the Skills List?
Not automatically. DOS focuses on the country of citizenship or nationality, or qualifying last legal permanent residence, at the time the person obtained J status.
Timing matters
DOS states that where citizenship or nationality differs from the country of last legal permanent residence, the relevant permanent-residence country is evaluated at the time the applicant obtained J status.
Later residence is a different fact
Becoming a permanent resident of another country years later does not by itself change the historical facts under which the original J status was obtained.
Do not confuse the Skills List country with where the person currently lives
Current residence abroad and the legally applicable country for the original Skills List analysis are not necessarily the same.
Use an Advisory Opinion if the historical residence status is unclear
Old immigration documents, residence permits, passports, and DS-2019 or IAP-66 records may be important to establishing which country applied when J status was obtained.
Frequently Asked Questions
Does moving permanently to a new country automatically change my Skills List country?
No.
When does DOS focus on last legal permanent residence?
At the time J status was obtained in the circumstances described by DOS.
Can an Advisory Opinion resolve an unclear historical residence issue?
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.
Contact Us