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Case Stories
❌ EB-3 I-485 Denied - J-1 Two-Year Home Residency Requirement
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❌ **Case Status: Denied**
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An I-485 application was denied due to failure to obtain a J-1 two-year home residency requirement waiver prior to filing for Adjustment of Status. The applicant's country had been removed from the list of countries subject to the requirement, leading to a mistaken belief that no waiver was needed. A Notice to Appear (NTA) was issued on the same date as the denial.
This case involves an I-485 denial stemming from an unresolved J-1 visa two-year home residency requirement under INA 212(e). The applicant had previously held a J-1 visa and was subject to the foreign residency requirement. Although the applicant's home country was no longer on the State Department's exchange visitor skills list, the individual obligation under 212(e) was tied to the original visa issuance conditions — not solely to the country's current list status. The I-130 was approved, but the I-485 was denied because a waiver was not obtained before filing for Adjustment of Status. USCIS simultaneously issued a Notice to Appear, initiating removal proceedings. The applicant is currently consulting with an immigration attorney.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1rk5kel/i485_denied/)**
*Source: Reddit I-485 EB*
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*This post was automatically curated from online sources to share real case experiences with the community.*
This case highlights a critical distinction: removal of a country from the J-1 skills list does not automatically extinguish a previously incurred 212(e) obligation for individuals. The two-year home residency requirement attaches at the time of J-1 visa issuance based on the conditions at that time. Applicants who held J-1 visas — especially those who received funding from their home government or the U.S. government, or who were in fields on the skills list — should obtain a formal 212(e) determination letter from the State Department or an INA 212(e) waiver before filing I-485. An NTA issued upon I-485 denial places the case in immigration court jurisdiction, where the applicant may have additional relief options. Cases with similar J-1 backgrounds should consult the Visa Waiver Unit at the State Department and verify 212(e) status independently before AOS filing.