explanation of rule

[krystl5003]

What is the name of your state (only U.S. law)? florida

can anyone explain in simple language what this means?

If you, your spouse and/or children who were previously issued J1 visas, and were admitted to the U.S. under INA 101(a)(15)(J), and studied, worked, lived, or are now in the United States as exchange visitors, you and/or they may need to satisfy a two-year foreign residence and physical presence requirement.

This is listed under important visa interview notices on the travelstate.gov website

 

[FlyingRon]

Yes, if you (or your spouse or parents) came here on J1 on the basis of the cited clause (which involves medical training) and you want a new Visa, they may require you to go home for a while to demonstrate the non-immigrant intent.

 

[krystl5003]

Thank you for your reply, it is greatly appreciated. I reasonably sure that this doesn't apply here.
My wife and I brought her 13 year old brother here 6 months ago and he is enrolled in private school on student visa. We also petitioned in 2010 for her parents to come here on green card and there interview is coming up. Am I correct in assuming that the previous question I asked does not apply here?

Also, when parents are at interview and if asked about there 13 year old son, how should they respond. For example, should they say it is the plan to keep him in Uniteds States on student visa by attending the private school? Or it won't be an issue and I am just imagining potential problems

Thanks again.

 

[FlyingRon]

Unless they were already here as the spouse or child of the person with the student visa (and that person was here under the subpara (J) medical training exemption), this whole thing doesn't apply.

If they are asked if their son is here on a student visa, they say yes. Never lie on an immigration interview or application.
It however wouldn't seem to be an issue in their status.

 

[krystl5003]

Thank you sir. Your advice is greatly appreciated