CASE: J-1 Waiver (No Objection Statement – Humanitarian)

NATIONALITY: Philippines

LOCATION: Phoenix, AZ

Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. Based on her DS-2019, she was subject to the two-year foreign residency requirement. Her employer wanted to sponsor her green card and she consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, she cannot get a green card in the United States until she fulfills the requirement or obtains a waiver.

Our office told our client that she can apply for a waiver under the No Objection Statement category based on the fact of her medical hardship. Her medical condition (cancer) made her eligible for our client to pursue the NOS waiver under the humanitarian category from the Philippine Embassy. Upon retention, our office prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On March 21, 2021, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  The NOS request was also sent to the Philippines. 

On June 23, 2022, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on July 6, 2022, the USCIS issued an I-612 approval notice for the waiver.

{ 0 comments }

CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, No Objection Statement

 NATIONALITY: Nepalese

 LOCATION: Bothell, WA

Our Nepalese client came to the U.S. on a J-1 exchange visitor’s visa for his research program. Abroad, he changed his status from J-1 to F-1 to finish his Ph.D. program in the United States. His employer intended to file an I-129 H-1B petition for him. However, his J-1 visa made him subject to the two-year foreign resident requirement. Due to the two-year foreign residency requirement, he had to obtain a waiver first before his H-1B process.  

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Nepalese Embassy in the United States.  Our office contacted the Nepalese Embassy in Washington D.C. to make sure we knew all the requirements needed for their office to issue a no objection statement.  The Embassy requested numerous documents including a statement of reason for the waiver, the applicant’s resume, a copy of his valid Nepalese passport, a copy of DS-2019, and a copy of Third Party Bar Code Page

On February 22, 2022, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Nepalese Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file an H-1B petition but for the waiver.

The Nepalese Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On May 4, 2022, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on July 6, 2022.

{ 0 comments }

CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Exceptional Hardship

 NATIONALITY:  Egyptian

 LOCATION: Laurel, MD

Our client came from Egypt and entered the U.S. as a J-1 scholar in 2013.  In 2015, he got his F-1 status as a Ph.D. Student in the United States.   His J-1 status made him subject to the two-year foreign resident requirement. Our client would like to file his adjustment of status application along with his I-140 NIW application; however, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue his waiver under No Objection Statement or Interest Government Agency (IGA). Our client also received government funding for his research programs which made his case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue his J-1 waiver based on exceptional hardship standard. In fact, our client’s U.S. citizen daughter is experiencing exceptional medical hardships. 

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.” 

Some of the factors in analyzing extreme hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978). 

After he retained our firm, we prepared and filed a waiver request through the exceptional hardship basis. On August 7, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit for our client, an extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for his U.S. citizen daughter’s medical conditions.  On August 7, 2020, our office filed an I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client’s daughter would experience exceptional hardship if our client needs to go back to Egypt for two years. 

Eventually, the USCIS approved his I-612 waiver on June 24, 2022. Now that our client’s two-year foreign residency requirement is waived, he can file his adjustment of status application along with his NIW I-140 self-petition in the United States. 

{ 0 comments }

CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Persecution

 NATIONALITY:  Filipino

 LOCATION: Dulce, NM

Our client came to the U.S. on a J-1 Visa in October 2019 to work as a teacher.  His J-1 visa made him subject to the two-year foreign resident requirement. Our client would like to file an adjustment of status application based on his employer’s I-140 petition.  However, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Unlike our other J-1 clients, he could not pursue his waiver under the No Objection Statement or Interest Government Agency (IGA). Moreover, our client could not pursue his J-1 waiver based on exceptional hardship. Nonetheless, our client could pursue J-1 waiver under persecution category since he believes that he will be persecuted based on his same sex marital relationship with his current spouse.  

A person can file a J-1 waiver under the persecution basis if the person believes that he will be persecuted based on his race, religion, or political opinion if he  returns to his home country. The Waiver Review Division will proceed with the waiver recommendation under this basis only if USCIS makes a finding of persecution. 

Our client believed that he would be persecuted if he goes back to the Philippines based on his marriage in the U.S. His marriage is culturally and religiously forbidden in the Philippines.  After he retained our firm, we prepared and filed a waiver request through the persecution basis. On October 1, 2021, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit of our client, extensive brief in support for our client’s J-1 waiver application, and other supporting documents to show that he will be persecuted in the Philippines if he goes back. On October 5, 2021, our office filed the I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client will be persecuted if our client needs to go back to the Philippines for two years. 

On February 10, 2022, the USCIS issued  Request for Evidence (RFE) . We filed the response on April 7, 2022.  Eventually, the Department of State recommended a waiver for our client on April 28, 2022. Subsequently, the USCIS approved his I-612 waiver on June 2, 2022.

{ 0 comments }

CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Extreme Hardship

 NATIONALITY:  Iraqi

 LOCATION: Loveland, CO

Our client came from Iraq as a J-1 Fulbright scholar in January 2015.  She was subject to the two-year foreign residency requirement. Our client would like to file her adjustment of status application along with her US citizen husband’s I-130 petition; however, due to the two-year foreign residency requirement, she had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue her waiver under the No Objection Statement or Interest Government Agency (IGA). Our client also received government funding for her research program which made her case tougher for the No Objection Statement or IGA waiver route. Our client though would like to pursue her J-1 waiver based on exceptional hardship. 

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.” 

Some of the factors in analyzing extreme hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978). 

After she retained our firm, we prepared and filed a waiver request through the exceptional hardship basis. On February 26, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit of our client, an extensive brief in support of our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for her U.S. citizen husband’s medical conditions.  On March 9, 2020, our office filed the I-612 application to the USCIS and asked them to issue and recommend this waiver based on the fact that our client’s husband would experience exceptional hardship if our client needs to go back to Iraq for two years. 

Eventually, the USCIS approved her I-612 waiver on February 4, 2022. Now that our client’s two-year foreign residency requirement is waived, she can file her adjustment of status application along with her U.S. Citizen husband’s I-130 petition.

{ 0 comments }

CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Exceptional Hardship

 NATIONALITY:  Iraqi

 LOCATION: Plymouth, NM

Our client came from Iraq as a J-1 visitor in August 2017.  He was subject to the two-year foreign residency requirement. To be eligible for adjustment of status or other forms of visas such as the H-1B, he had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue his waiver under No Objection Statement or Interest Government Agency (IGA). Our client also received government funding for his research programs which made his case tougher for the No Objection Statement or IGA waiver route. Our client would like to pursue his J-1 waiver based on exceptional hardship. Our client’s U.S. citizen daughter was experiencing exceptional medical hardships. 

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.” 

Some of the factors in analyzing exceptional hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978). 

After he retained our firm, we prepared and filed a waiver request through the exceptional hardship basis. On March 18, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit for our client, an extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for his U.S. citizen daughter’s medical condition.  On March 20, 2020, our office filed the  I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client’s daughter would experience exceptional hardship if our client needs to go back to Iraq for two years. 

Eventually, the USCIS approved his I-612 waiver on December 29, 2021.

{ 0 comments }

CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement

NATIONALITY: Korean

LOCATION: Greenbelt, MD

Our client is from South Korea who came to the U.S. on a J-1 Visa in November 2020 to work as a postdoctoral researcher. His J-1 program made him subject to the two-year foreign residence requirement. He retained our office to seek legal assistance for his I-140 (National Interest Waiver Classification) and I-485 Adjustment of Status applications. However, before we file his I-485 application, he had to get a waiver for his two-year foreign residency requirement. 

Our office filed the waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.

Attorney Sung Hee (Glen) Yu from our office contacted the Korean Embassy in DC to pursue the waiver for our client.  The Embassy requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining the J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On August 23, 2021, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to file a National Interest Waiver petition and adjustment of status application.

Thereafter, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On December 9, 2021, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on December 30, 2021, the USCIS issued the I-612 approval notice and waived our client’s 2 year foreign residency requirement.

{ 0 comments }

CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, No Objection Statement

 NATIONALITY: Indonesian

 LOCATION: Miami, FL

Our Indonesian client came to the U.S. on a J-1 Visa in January 2017. He came to the U.S. for his research program, and his J-1 visa made him subject to the two-year foreign resident requirement.  His research and higher education enhanced his interest in the field, and he would like to further his future research and development projects.  However, since most of the research projects that interest him will take a longer time, he anticipates that most employers will eventually wish to petition him for an alternate form of visa such as an H-1B. Due to the two-year foreign residency requirement, he had to obtain a waiver first before he could change his current status in the United States. 

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in the United States.  Our office contacted the Indonesian Embassy in Washington D.C. to make sure we knew all the current requirements needed for their office to issue a no objection statement.  The Embassy requested nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of his valid Indonesian passport, and a copy of Form DS-3035.

On May 14, 2021, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indonesian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a change of status application but for the waiver.

The Indonesian Embassy eventually issued a No Objection Statement for our client and sent this letter to the State Department’s Waiver Review Division.  On August 19, 2021, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on September 2, 2021.  Now that our client’s two-year foreign residency requirement is waived, he can be a beneficiary of other non-immigrant visas in the United States without going back to Indonesia for 2 years.

{ 0 comments }

CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Hardship

 NATIONALITY:  Ghanaian

 LOCATION: St. Louis, MO

Our client came from Ghana as a J-1 scholar in 2008.  His J-1 status made him subject to the two-year foreign residency requirement. Our client would like to file his adjustment of status application along with his U.S. citizen wife’s I-130 petition; however, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue his waiver under the No Objection Statement or Interest Government Agency (IGA). Our client also received government funding for his research programs which made his case tougher for the No Objection Statement or IGA waiver route. Our client though would like to pursue his J-1 waiver based on the exceptional hardship standard. 

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.” 

Some of the factors in analyzing extreme hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978). 

After he retained our firm, we prepared and filed a waiver request through the exceptional hardship basis. On April 1, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit of our client, an extensive brief in support of our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for his U.S. citizen wife’s medical conditions.  On April 2, 2019, our office filed an I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client’s wife would experience exceptional hardship if our client needs to go back to Ghana for two years. 

On November 7, 2019, the USCIS issued a Request for Evidence (RFE) for our client’s I-612 case. The USCIS asked our client to submit more evidence to demonstrate the exception hardship to his U.S. citizen wife if he has to go back to Ghana for 2 years.  On January 27, 2020, our office filed a Response to RFE to the USCIS along with additional documents to support the claim of financial and medical hardship including income and expenses, plus more recent medical documents of his U.S. citizen wife evidencing the hardship.

Eventually, the USCIS approved his I-612 waiver on July 29, 2021. Now that our client’s two-year foreign residency requirement is waived, he can file his adjustment of status application along with his wife’s I-130 petition. 

{ 0 comments }

CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement

NATIONALITY: Korean

LOCATION: St. Paul, MN

Our client is from South Korea who came to the U.S. on a J-1 Visa. He entered in August 2018 to work as a researcher. His J-1 program made him subject to the two-year foreign residence requirement. In September 2020, he married his LPR spouse. He retained our office to seek legal assistance for his I-130 Petition and I-485 Adjustment of Status applications. However, before we file his I-485 application, he had to get a waiver of his two-year foreign residency requirement. 

Upon retention, our office prepared and filed a waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.

Attorney Sung Hee (Glen) Yu from our office contacted the Korean Consulate General Office in Chicago to pursue the waiver for our client.  The Consulate requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining the J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On September 30, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to file an adjustment of status application based on his wife’s I-130 petition. 

The Korean Consulate General in Chicago forwarded our client’s documents to the Korean Embassy in DC.  After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On March 19, 2021, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on July 1, 2021, the USCIS issued I-612 approval notice and waived our client’s 2 year foreign residency requirement.

{ 0 comments }