The Ninth Circuit has determined that a lawful permanent resident who failed to complete the two-year home residency requirement as a J visa holder prior to obtaining his residency remains eligible for a 237(a)(1)(H) waiver. “Section 212(e) does not state that noncitizens subject to its residency requirement are not “admissible” to the United States. Rather, it provides that they are not “eligible” for particular forms of admission. Other forms of admission, not specifically barred by the statute, remain available. For example, § 212(e) does not prohibit admission as a tourist or business visitor under 8 U.S.C. § 1101(a)(15)(B).” “Notwithstanding his failure to satisfy or receive a waiver of the two-year residency requirement, Petitioner was admissible under several provisions of 8 U.S.C. § 1101(a)(15).”
The full text of Fares v. Barr can be found here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2019/11/25/13-71916.pdf