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a) Except as described in paragraph (b) of this section, the

following categories of aliens are not eligible to change their nonimmigrant status under section 248 of the Act, 8 U.S.C. 1258:
Sec. 248.2 Ineligible classes.

.......
(4) Any alien classified as a nonimmigrant under section

101(a)(15)(J) of the Act (other than an alien described in paragraph (c)

of this section) who is subject to the foreign residence requirement of

section 212(e) of the Act and who has not received a waiver of the

residence requirement, except when the alien applies to change to a

classification under section 101(a)(15)(A) or (G) of the Act. (Previous

paragraph (d) redesignated as paragraph (a) (4) effective 10/17/07; 72

FR 53014

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