Why Is a J-2 Spouse or Child Subject to INA §212(e)?
8 C.F.R. §212.7(c)(4) expressly provides that a spouse or child admitted or accorded J status to accompany or follow to join a J-1 who is subject to §212(e) is also subject to the requirement.
The J-2 rule is explicit
The derivative rule is not merely an informal agency practice. Paragraph (c)(4) expressly extends the requirement to qualifying J-2 spouses and children.
The J-2 obligation follows the subject principal
The regulatory rule applies where the spouse or child accompanied or followed to join an exchange visitor who is subject to §212(e).
The principal's waiver normally covers the derivative
DOS separately explains that a J-2 spouse or child subject through the principal is normally included with the principal's waiver rather than filing a separate recommendation application.
Independent J-2 cases are exceptional
DOS recognizes only narrow humanitarian situations in which a J-2 may independently seek a recommendation.
Frequently Asked Questions
Where is the J-2 derivative rule found?
8 C.F.R. §212.7(c)(4).
Does a subject principal normally make the J-2 subject too?
Yes.
Does the J-2 normally need a separate DS-3035?
No.
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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