CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Filipina

LOCATION: Hendersonville, NC

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in July 2019.  She came with her mother who came on a J-1 Visa for her employment in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to get a waiver or go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in January 2021.  She wanted to file her I-485 adjustment of status application with her U.S. citizen spouse’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without the fulfillment of requirement or the waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in January 2021.

Our firm was retained to do her J-2 waiver, and on September 15, 2021, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on November 18, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On December 15, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Saudi Arabian
LOCATION: Riyadh, Saudi Arabia

Our client is a citizen of Saudi Arabia who came to the U.S. on a J-2 Visa in April 2017.  She came with her husband who held a J-1 Visa as a researcher.  Both were subject to the two-year foreign residency requirement. 

She got divorced from her husband in March 2021 and went back to Saudi Arabia. Our client wanted to be petitioned for H-1B by her prospective employer; however, she cannot do it unless she fulfills the two year foreign residency requirement or obtains a waiver.

She retained our firm to do her J-2 waiver. On March 30, 2021, the J-2 Waiver (DS-3035) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client was divorced from the J-1 visa holder.  Eventually, on September 30, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued the I-612 waiver approval notice on November 12, 2021.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Korean

LOCATION: Jersey City, NJ

Our client was a citizen of South Korea who came to the U.S. on a J-2 Visa in June 2003.  He came with his father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

He turned 21 in October 2007.  He plans to file his adjustment of status. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without fulfilling the requirement or obtaining a waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in October 2007.

Our firm was retained to do his J-2 waiver, and on July 1, 2021, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on September 13, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On September 28, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Chinese

LOCATION: La Jolla, CA

Our client is a citizen of China who came to the U.S. on a J-2 Visa in February 2013.  She came with her father who was on a J-1 Visa. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in December 2020.  By getting a waiver, she would have the ability to be petitioned for H-1B status by her prospective employer. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without fulfilling the requirement or obtaining a waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case.  

Our firm was retained to do her J-2 waiver and on March 4, 2021, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on August 31, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On September 2, 2021, the USCIS issued an I-612 approval notice..

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CASE: J-2 Waiver / Over 21-year-old

NATIONALITY: Indian

LOCATION: New Britain, CT

Our client was a citizen of India who came to the U.S. on a J-2 Visa in August 2000.  She came with her father who was on a J-1 Visa as a researcher in the U.S. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years, or win a waiver application, before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in March 2015.  By getting a waiver, she would have filed her adjustment of status application based on her U.S. citizen husband’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without fulfilling the requirement or winning a waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. 

Our firm was retained to do her J-2 waiver and on March 26, 2021, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on August 31, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On September 2, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Filipina

LOCATION: Durham, NC

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in July 2019.  She came with her mother who was on a J-1 Visa as a teacher. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in October 2020.  By getting a waiver, she would have the ability to be petitioned for H-1B status by her prospective employer. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without the fulfillment of requirement or the waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in October 2020.  

Our firm was retained to do her J-2 waiver, and on March 26, 2021, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on June 24, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On August 10, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Chinese

LOCATION: Tucson, AZ

Our client is a citizen of China who came to the U.S. on a J-2 Visa in March 2017.  She came with her mother who was on a J-1 Visa for her research in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in August 2020.  By getting a waiver, she would have the ability to be petitioned for H-1B status by her prospective employer. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States fulfilling the requirement or a waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in August 2020.  

Our firm was retained to do her J-2 waiver, and on March 2, 2021, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on June 24, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 29, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Chinese

LOCATION: Weehawken, NJ

Our client was a citizen of China who came to the U.S. on a J-2 Visa in June 2002.  He came with his father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

He turned 21 in May 2014. He would like to get a waiver because his employer would like to petition him H-1B. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without the fulfillment of requirement or the waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in May 2014.

Our firm was retained to do his J-2 waiver, and on March 31, 2021, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on June 24, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 29, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Costa Rican

LOCATION: Lawrence, KS

Our client is a citizen of Costa Rica who came to the U.S. on a J-2 Visa in August 2002.  She came with her father who entered on a J-1 Visa for his research in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in March 2012.  By getting a waiver, she would have the ability to be petitioned for H-1B status by her prospective employer. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without fulfilling the 2-year requirement or a waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. 

Our firm was retained to do her J-2 waiver, and on February 24, 2021, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on June 24, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 29, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Indian
LOCATION: Petaluma, CA

Our client is a citizen of India who came to the U.S. on a J-2 Visa in April 2012.  She came with her husband who held a J-1 Visa as a researcher.  Both were subject to the two-year foreign residency requirement. 

Eventually, she got divorced from her ex-husband in November 2020. Our client wanted to change her status in the U.S; however, she cannot do it unless she fulfills the two year foreign residency requirement or obtains a waiver.

She retained our firm to do her J-2 waiver. On November 2, 2020, the J-2 Waiver (DS-3035) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client was divorced from the J-1 visa holder.  Eventually, on May 24, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. The USCIS issued the I-612 waiver approval notice on July 2, 2021.

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