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2004

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The Odyssey Of The J-2: Forty-Three Years Of Trying Not To Go Home Again, Naomi Schorr, Stephen W. Yale-Loehr Jan 2004

The Odyssey Of The J-2: Forty-Three Years Of Trying Not To Go Home Again, Naomi Schorr, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

We wrote this article to address one question: Should a J-2 nonimmigrant exchange visitor be subject to the two-year foreign residence requirement of section 212(e) of the Immigration and Nationality Act (INA) if the J-1 principal is so subject? In trying to answer that question, the authors confronted additional issues that seem to have gone unresolved for close to half a century. If a J nonimmigrant is subject, be it J-1 or J-2, where can he fulfill the foreign residence requirement: in the country of his nationality or the country of his last residence? Does he have a choice? Where …