There’s a 2-year home-residency rule for J visa. Can I file I-539 to change to a tourist visa in that case?
I currently live in the U.S. with my husband (J1). My visa is J2.
Our contract expires December 31st, and with a 30-day grace period, I’m planning to leave by the end of January.
My questions are:
1. After the grace period ends, I’d like to stay in the U.S. a bit longer, but my current visa has a 2-year home-residency requirement. Can I file I-539 to change to a tourist visa in this case?
2. If option 1 isn’t possible, I’m considering traveling to Canada — can I obtain ESTA after visiting Canada and re-enter the U.S.?
I had originally planned to leave in July, but things have become rushed, and I need to either stay in the U.S. or return to wrap things up — I’d like to know if that’s possible.
1. This is possible, but you would need to apply for a waiver of the home-residency requirement.
2. Given the circumstances, we recommend option 2 — re-entry is possible.