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

 NATIONALITY: Indonesian

 LOCATION: Washington DC

Our Indonesian client came to the U.S. on a J-1 Visa in September 2016.  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 these will take a longer time, he anticipated that most employers will eventually wish to petition him for an alternate form of visa such as an H-1B. But 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 the 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 updated 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 June 5, 2020, 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 October 28, 2020, 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 November 2, 2020.  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 having to going back to Indonesia for 2 years.

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CASE: I-360 and adjustment of status

CLIENT: Malaysian

LOCATION: Washington DC

Our clients’ father is a G-4 visa holder from Malaysia, who works for an international organization in the United States.  He has a son who came to the United States with him and sought legal assistance from our firm for his son’s permanent residency in the United States based on a special immigrant provision under the INA.

INA 101(a)(27)(I)(i) defines such an alien as “an immigrant who is the unmarried son or daughter of an officer or employee, or of a former officer or employee, of an international organization described in paragraph (15)(G)(i), and who:

1. While maintaining the status of a G4 nonimmigrant, has resided and been physical present in the United States for periods totaling at least one-half of the seven years before the date of application and for a period or periods aggregating at least seven years between the ages of five and 21 years
2. Applies for adjustment of status no later than his or her twenty-fifth birthday…

Based on this provision, we advised our client that his son will be eligible for adjustment of status application. He has been physically present in the U.S. for a period totaling at least one-half of the seven years before this date, aggregating at least seven years between the age of 5 and 21.  

Our client’s father retained our office on September 6, 2017.  Our firm prepared and filed the I-360 Petition and Adjustment of Status Application on January 31, 2018.  We included the letter from his father’s international organization for the verification purposes and their school transcript as well. Once the applications were filed, everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

Eventually, on May 31, 2018, the USCIS approved both of I-360 and I-485 application for our client’s son.  He now becomes a green card holder.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Albanian
LOCATION: Chicago / Washington DC
ISSUES: J-1 2-Year Foreign Residency Requirement

Our client came to the United States in February 2001 with a J-1 visa. He was only 16 years old at that time. He was on an exchange visitor program and lived with his host parents in New Hampshire. As he went to college, he was able to switch to an F-1 visa. He moved to Chicago and later on met her future wife while in college. They got married in December 2009.

He had spoken to several lawyers to pursue adjustment of status, but was turned back to due to the tough policy of Albania when it came to no objection statements. Upon consulting with us, we told him we can try obtaining the no objection statement, and in case that does not work, go for the interested government agency route. He retained our firm on January 2010.

We initially filed the waiver through the no objection statement. We were in contact with the Albanian Embassy in DC. The officer claimed that they’re policy in the Embassy was to not issue no objection statements, and that the only way was through the Ministry of Foreign Affairs in Albania. The officer stated that they have not issued no objection statements since 2006.

We thus tried the Ministry of Foreign Affairs in Albania. After several months waiting for their decision, they too stated that they do not issue no objection statements.

And so we filed another waiver, requesting the Department of State to be an interested government agency. We explained in detail our client’s history, the fact that he came here when he was only 16, and that he was able to change status to F-1 in April 2002. We pointed out that the change of status was approved despite his submission of his I-94 and visa page copy which both indicated that he was subject to the 2-year foreign residency requirement. We explained that it would be unfair to have the couple be separated for something that was not his fault. If he did not waive his 2-year requirement and the change of status was still approved, he should not be penalized later on now that he is married to his spouse.

On February 2011, the Department of State issued a finding that the applicant was not subject to the two-year foreign residency requirement (despite the IAP-66 and Visa indicating he was) and that it was not necessary to process a waiver for his case anymore.

After filing the applications and accompanying our client to their interview in Chicago for the I-130 (Petition) and I-485 (Green Card Application), the CIS finally approved his green card on August 13, 2011. He had to wait a few more months because they moved to Washington D.C., but finally they got it.

10 years since our client entered the U.S. on a J-1 Visa with a 2-year foreign residency requirement as a 16-year old exchange student, after having to go through the tough policy by the Albanian Embassy regarding their non-issuance of no objection statements, our client finally has his green card. He had been waiting to go back home to visit his family. He had been telling us that his mom was sick and he wanted to visit her. But prior to the green card issuance, even if an advance parole travel document, we could not let him leave as he might be subject to a bar and not be able to come back. After 10 years of not being able to visit his family, he finally is able to come back.

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