Ineligibilities
In order to protect the health, welfare, and security of the United States, certain applicants are ineligible for any class of immigrant visa. There are several specific ineligibilities written into U.S. immigration law, including having a certain communicable disease; possessing a dangerous mental disorder; having committed serious criminal acts; being a terrorist; and have used illegal means to enter or remain in the U.S. beyond the permitted period of time. If you are found to have one of these ineligibilities, the Consulate will advise you regarding whether there is a possibility of obtaining a waiver.
In addition, former exchange visitors may be subject to the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act. Your J1 visa will indicate whether or not you are subject to this requirement. Exchange visitors who are subject to, but do not wish to comply with, the two-year home country residence requirement may apply for a waiver of the requirement. For more information please visit the Department of State's Visa Office web site.