Asked in Immigration Law for Washington

Q: How do I count days of home residency for J1 visa?

I am subject to rule 212e based on USG funding.

On return to my home country after a 1-week exchange, I resumed duties as a member of the foreign service. As a result, I traveled on official duties a few times and the way I count those short trips out may matter down the line.

So here's my question: If I leave my country on January 1, 2017, and return on January 6, 2017, how many days do I have to count as being away from home (in terms of 2yr HRR)?:

a)6 days

b)4 days (consistent with how US treats physical presence for naturalization: partial days at 'home' count as full days)

c) 5 days (based on where I sleep)

I'd appreciate the thoughts of anyone with experience dealing with similar counting and record keeping for J-1 212e.

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1 Lawyer Answer
Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: One day partly spent in the US is counted as being spent fully in the US. Even if you were in the US for just 1 minute. Other than that a day partly spent in your home country is fully spent in your home country.

1 user found this answer helpful

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