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: I-130/I-485

 NATIONALITY:  Iraqi

 LOCATION: Dearborn, MI

Our client came from Iraq as a J-1 scholar in 2014. 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 based on marriage; 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 exceptional hardship. Our client’s U.S. citizen son 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 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 an exceptional hardship basis. On February 13, 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 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 son’s medical conditions.  On February 17, 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 son would experience exceptional hardship if our client needs to go back to Iran for two years.  Eventually, the USCIS approved his I-612 waiver on February 18, 2021. 

Once his J-1 waiver was approved, our client retained our office again for his adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 6, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients through conference calls. On November 9, 2021, our client was interviewed at the Detroit Michigan USCIS office.  The interview went well, and eventually, on the same day of the interview, his green card application was approved.

{ 0 comments }

CASE: I-485 Adjustment of Status

NATIONALITY: Iraqi

LOCATION: California

Our Iraqi client came to the U.S. in June 2016 on a J-1 exchange visitor’s visa. With our firm’s assistance, he got his J-1 hardship waiver.  In April 2018, he contacted our office to seek legal representation for his I-360 petition. He was abused by his spouse. Thus, we prepared and filed his I-360 petition, which included numerous exhibits and a detailed brief to the USCIS Vermont Service Center on June 8, 2018.

On December 10, 2019, the USCIS issued a Request for Evidence (RFE). The USCIS requested our client to submit documents to demonstrate his good moral character. He obtained several third-party affidavits and  California police criminal record. Our office filed the Response to RFE on February 28, 2020.  Eventually, on July 14, 2020, the USCIS Vermont Service Center approved our client’s I-360 petition. 

With the approved I-360 petition, our firm prepared and filed the Adjustment of Status Application on July 24, 2020.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Eventually, on June 4, 2021, the USCIS approved our client’s adjustment of status application and issued a green card without an interview.

{ 0 comments }

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

 NATIONALITY:  Iraqi

 LOCATION: Dearborn, MI

Our client came from Iraq as a J-1 scholar in 2014.  He was 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 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 exceptional hardship. His US Citizen has 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). 

On February 13, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We prepared the 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 son’s medical conditions.  On February 17, 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 son 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 February 18, 2021. 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. 

{ 0 comments }

CASE: I-360 Petition

NATIONALITY: Iraqi

LOCATION: California

Our Iraqi client came to the U.S. in June 2016 on a J-1 exchange visitor’s visa. With our firm’s assistance, he got his J-1 hardship waiver.  In April 2018, he contacted our office to seek legal representation for his I-360 VAWA petition. 

Our client experienced domestic violence and spousal abuse during his marriage. His wife physically and mentally abused our client after the inception of their marriage. Thus, we prepared and filed his VAWA I-360 petition, which included numerous exhibits and a detailed affidavit to the USCIS Vermont Service Center on June 8, 2018.

On December 10, 2019, the USCIS issued a Request for Evidence (RFE). The USCIS requested our client to submit documents to demonstrate his good moral character. He obtained several third-party affidavits and a California police criminal record. Our office filed the Response to RFE on February 28, 2020.  Eventually, on July 14, 2020, the USCIS Vermont Service Center approved our client’s I-360 petition.

{ 0 comments }

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

NATIONALITY:  Iraqi

LOCATION: Charlotte, NC

Our client came to the U.S. on a J-1 Visa in August 2013 from Iraq.  He came to the U.S. for his undergraduate program, and his J-1 visa made him subject to the two-year foreign resident requirement. Our client would like to file an asylum or file an adjustment of status 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). Moreover, our client could not pursue his J-1 waiver based on exceptional hardship standard. Nonetheless, our client could pursue J-1 waiver under persecution category since he believes that he will be persecuted based on his religion (Shiite Muslim).

A person can file the J-1 waiver under the persecution basis if the person believes that he or she will be persecuted based on his/her race, religion, or political opinion if he or she returns to his or her home country, he/she may apply for a persecution waiver. 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 Iraq by ISIS based on his belief. His opinions, beliefs, and religious practice as a Muslim Shiite basically go against the beliefs and objectives of ISIS.  After he retained our firm, we prepared and filed a waiver request through a persecution basis. On August 2, 2017, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State. Thereafter, our office prepared 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 Iraq if he goes back. On August 18, 2017, our office filed I-612 application to the USCIS and asked for them to issue and recommends this waiver based on the fact that our client will be persecuted if our client needs to go back to Iraq for two years.

Eventually, the Department of State recommended a waiver for our client on June 26, 2018. Subsequently, the USCIS approved his I-612 waiver on August 16, 2018. Now that our client’s two-year foreign residency requirement is waived, he can file asylum in the United States.

{ 0 comments }

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

 NATIONALITY:  Iraqi

 LOCATION: Ohio

Our client came to the U.S. on a J-1 Visa in August 2012 from Iraq.  He came to the U.S. for his Ph.D. program, and his J-1 visa made him subject to the two-year foreign residency requirement. Our client would like to an I-140 self-petition under the National Interest Waiver Category and adjustment of status 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 a No Objection Statement or Interest Government Agency (IGA). Moreover, our client could not pursue his J-1 waiver based on the exceptional hardship standard. Nonetheless, our client could pursue a J-1 waiver under the persecution category since he believes he will be persecuted based on his religion (Shiite Muslim).

A person can file a J-1 waiver under the persecution basis if the person believes that he or she will be persecuted based on his/her race, religion, or political opinion among others, if he or she returns to his or her 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 Iraq by ISIS based on his belief. His opinions, beliefs, and religious practice as a Muslim Shiite basically go against the beliefs and objectives of ISIS.  After he retained our firm, we prepared and filed a waiver request through the persecution basis. On May 27, 2015 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 to show that he will be persecuted in Iraq if he goes back. On June 3, 2015, 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 Iraq for two years.

Eventually, the Department of State recommended a waiver for our client on November 2. 2015. Subsequently, the USCIS approved his I-612 waiver on November 4, 2015.

If you have questions, feel free to call Attorney JP Sarmiento at (216) 573-3712 or email us at jp@sarmientoimmigration.com for free consultations.

{ 0 comments }