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

NATIONALITY: Turkish                                                                                                        

LOCATION: Connecticut

Our client is from Turkey who came to the U.S. on a J-1 Visa in 2015 as a research scholar. In September 2018, she married U.S. citizen spouse. She wishes to apply for a waiver of the two year foreign residency requirement so that she can file her adjustment of status application along with her husband’s I-130 petition.  

She retained our office on September 26, 2018. Thereafter, our office promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Turkish Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regard to the J-1 No Objection Statement waiver.  Our office promptly contacted the Turkish Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver and Turkish National ID.

On October 2, 2018, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Turkish Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client wants to adjust her status based on her marriage to U.S. citizen spouse.

Eventually, the Turkish Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On January 17, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On January 31, 2019, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement.

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

NATIONALITY: Korean                                                                                                           

LOCATION: Boston, MA

Our client is from South Korea who came to the U.S. on a J-1 Visa in June 2015.  Later, he changed his status from J-1 to H-1B and filed his adjustment of status application based on an I-140 NIW self-petition. Both of his J-1 visa page and DS-2019 clearly state that his J-1 program is not subject to the INA 212(e), two-year foreign residency requirement. However, in order to make sure that he is not subject to the 2 year foreign residency requirement, he filed advisory opinion in June 2018. Nevertheless, the Department of State found that his J-1 program was subject to the two-year foreign residency requirement.

After the advisory opinion, our client contacted our office and retained us on October 24, 2018 for his J-1 waiver case. After retention, Attorney Sung Hee (Glen) Yu from our office contacted the Korean Consulate in New York 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 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 October 25, 2018, 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 adjust in the United States if he obtains the waiver.

The Korean Consulate General in New York 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 December 20, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, the USCIS issued an I-612 approval notice on January 7, 2019.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: California

Our client came from the Philippines on a J-1 in September 2013 to work as a teacher. She was subject to the two-year foreign residency requirement. Later, she got married to her U.S. citizen husband and 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, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office promptly 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 June 8, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the California State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in Los Angeles for further authentication.  On July 27, 2018, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines. Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On September 13, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on October 11, 2018, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Montana

Our client came from the Philippines on a J-1 Visa in August 2015 to work as a teacher. Based on her visa and DS-2019, she was subject to the two-year foreign residency requirement.

In February 2018, she got married to her U.S. citizen husband and later on 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, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office promptly 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 8, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Montana State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in Chicago for further authentication.  On April 11, 2018, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines. Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On August 6, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on September 29, 2018, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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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.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Montana

Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement.

In August 2017, she got married her U.S. citizen husband and later on 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, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office promptly 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 February 14, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Montana State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in Chicago for further authentication.  On April 2, 2018, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines. Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On July 23, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on August 7, 2018, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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

NATIONALITY: Thai

LOCATION: Dallas, TX

Our Thai client came to the U.S. on a J-1 Visa in November 1991, and his J-1 visa made him subject to the two-year foreign resident requirement. After completion of the J-1 program, he remained in the United States. His wife became a naturalized U.S. citizen, but our client could not file his adjustment of status application due to his two-year foreign residency requirement. He had to obtain a waiver first.

He contacted our office and retained our office in April 2017. After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Thai Embassy in the United States.  Our office contacted the Thai 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 several different documents including a statement of reason for the waiver, a notarized copy of the marriage certificate, a notarized copy of his US citizen Wife’s US passport Biographic Page, a notarized copy of his valid Thai passport, and a copy of Form DS-3035.

On May 15, 2017, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Thai 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 marriage based adjustment of status application but for the waiver.

The Thai Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On October 10, 2017, 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 January 29, 2018.  Now that our client’s two-year foreign residency requirement is waived, he can file an adjustment of status application with his wife’s I-130 petition.

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

NATIONALITY: Nepalese

LOCATION: Portland, OR

Our Nepalese client came to the U.S. on a J-1 exchange visitor’s visa for his research program. Thereafter, he changed his status from J-1 to O-1 to work in the United States. His employer intended to file an I-140 petition for him, and with the I-140 petition, our client plans to file adjustment of status application in the U.S.  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 he can file an adjustment of status application.

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 April 20, 2017, 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 employment-based adjustment of status application 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 June 12, 2017, 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 January 31, 2018.

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

NATIONALITY: Korean

LOCATION: Columbus, OH

Our client is from South Korea who came to the U.S. on a J-1 Visa in 2010 to work as a researcher. Her J-1 program made her subject to the two-year foreign residence requirement. After her J-1 program was completed, she went back to South Korea and got her F-1 student visa. With her F-1 status, she finished her Ph.D. degree and started to work as a post-doctoral researcher. She retained our office to seek legal assistance for her I-140 (National Interest Waiver Classification) and I-485 Adjustment of Status applications. However, our client completely forgot about her J-1 status in the past and was not fulfilled the 2-year foreign residency requirement. Thus, before we file her I-485 application, she has to get a waiver for her two-year foreign residency requirement.

Once retained, our office promptly 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 October 27, 2017, 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.

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 December 22, 2017, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on January 19, 2018, the USCIS issued I-612 approval notice and waived our client’s 2 year foreign residency requirement.

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

NATIONALITY: Indonesian

LOCATION: Ohio

Our Indonesian client came to the U.S. on a J-1 Visa in May 2016.  She came to the U.S. for an internship, and her J-1 visa made her subject to the two-year foreign resident requirement.  In March 2017 our client married his U.S. Citizen husband and she wanted to apply for permanent residency. However, due to the two-year foreign residency requirement, she had to obtain a waiver first.

After she 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 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 her valid Indonesian passport, and a copy of Form DS-3035.

On March 22, 2017, 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 marriage based adjustment 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 7, 2017, 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 October 20, 2017. Now that our client’s two-year foreign residency requirement is waived, she can file adjustment of status application with her husband I-130 petition.

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