Do holidays count regard the home residency rule?

I am from Republic of Cyprus. I was on a J-1 visa during my undergraduate studies in the USA. After that I have done MSc in London in a year. Now I want to go back to the US under F-1 visa doing Ph.D. During these 4 years I will visit Cyprus at holidays. Do these days count towards my home residency rule?

Asked on November 7, 2011 under Immigration Law, Missouri


SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are subject to the 2 year home residency rule pursuant to your J-1 visa, you will need to spend 2 years cumulatively in your home country in order to have that condition satisfied.  If you only go on holidays, it will be a very long time, of course, until you are able to get the 2 years completed.  It might be a better option for you to consider a waiver of the 2 year home residency rule, if you find a basis for qualification for such a waiver.

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