## Facts

- A Sierra Leone citizen entered the United States as a J-1 exchange visitor to pursue graduate studies in a program sponsored by the United Nations at the University of Pennsylvania.
- The exchange program was financed by the U.S. government, triggering the two-year foreign residence requirement in 8 U.S.C. § 1182(e).
- The exchange visitor later obtained INS approval for a change of program transferring sponsorship to a privately funded University of Pennsylvania program, made retroactive to an earlier date; he received no U.S. government funding in the privately funded program.
- The exchange visitor married the plaintiff abroad; their child was later born.
- The plaintiff and child were admitted to the United States in J-2 status as dependents of the J-1 exchange visitor.
- The plaintiff applied to adjust status to lawful permanent resident.
- INS denied adjustment on the ground that the plaintiff had not satisfied the § 1182(e) two-year foreign residence requirement.
- The plaintiff and child sought declaratory relief that they were not subject to § 1182(e), and the parties filed cross-motions for summary judgment.

## Issues

1. Whether the two-year foreign residence requirement in 8 U.S.C. § 1182(e), incurred by a J-1 exchange visitor who entered under a U.S.-government-financed program, applies to the J-2 spouse and child.
2. Whether a later (and retroactively effective) change from a government-financed J-1 program to a privately funded program eliminates the § 1182(e) requirement for the J-1’s J-2 dependents.
3. Whether INS properly denied the J-2 spouse’s adjustment application based on noncompliance with § 1182(e).

## Decision

- The court denied plaintiffs’ motion for summary judgment and granted defendant’s motion for summary judgment.
- The court held that § 1182(e) applied to the J-2 spouse and child because the principal J-1 was subject to the requirement.
- The court held that the retroactive change to a privately funded program did not remove the § 1182(e) obligation that attached from the J-1’s original government-financed entry and participation.
- The court upheld INS’s denial of adjustment of status because the two-year foreign residence requirement had not been satisfied (or waived).

## Legal Principles

- A J-1 exchange visitor who enters and participates in a U.S.-government-financed program is subject to the two-year foreign residence requirement of 8 U.S.C. § 1182(e) before seeking an immigrant visa, permanent residence, or certain nonimmigrant visas.
- J-2 dependent status is derivative of the principal J-1’s status; when the J-1 is subject to § 1182(e), the J-2 spouse and child are subject to the same restriction.
- A subsequent change in sponsorship or funding to a privately funded program, even if approved retroactively, does not extinguish a § 1182(e) obligation that attached based on the J-1’s original government-financed admission and participation.
- INS may deny adjustment of status to a J-2 dependent who has not satisfied (or obtained a waiver of) the § 1182(e) foreign residence requirement applicable through the principal J-1.

## Conclusion

The court ruled that the J-2 spouse and child remained bound by the principal J-1 exchange visitor’s § 1182(e) two-year foreign residence requirement, and that a retroactive shift to private program funding did not remove the restriction; INS therefore lawfully denied adjustment of status.


Sheku-Kamara v. Karn, 581 F. Supp. 582 (E.D. Pa. 1984)