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

NATIONALITY: Korean

LOCATION: Ohio

Our client is from South Korea who came to the U.S. on a J-1 Visa in 2010 to pursue her research program. Her J-1 program made her subject to the two-year foreign residence requirement. After her J-1 program was completed, she changed her status to F-1 and continued her Ph.D. studies in the United States. While she was studying, she met her U.S. citizen husband. Her husband intended to file I-130 petition for her along with her I-485 adjustment of status application.  However, she has to get a waiver for her two-year foreign residency requirement before she adjusts her status in the United States.

Our office was retained on June 16, 2015. 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 Atlanta 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 June 24, 2015 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.

The Korean Consulate General in Atlanta 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 January 22, 2016, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, the USCIS issued an I-612 approval on February 1, 2016.

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

 NATIONALITY: Indonesian

 LOCATION: Providence, RI

Our Indonesian client came to the U.S. on a J-1 Visa in June 2012.  She came to the U.S. for her post-doctoral research program, and her J-1 visa made her subject to the two-year foreign resident requirement.  Her research and higher education enhanced her interest in the field, and she would like to further her future research and development projects through a possible National Interest Waiver application.  However, since most of the research projects that interest her will take a longer time, she anticipates that most employers will eventually wish to petition her for an alternate form of visa such as H-1B. However, due to the two-year foreign residency requirement, she had to obtain a waiver first before she could change her current status in the United States.

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 September 17, 2015, 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 November 16, 2015, 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 December 21, 2015.  Now that our client’s two-year foreign residency requirement is waived, she can be a beneficiary of other non-immigrant visa in the United States without going back to Indonesia for 2 years. She can also file an EB2 I-140 NIW Petition and be eligible for adjustment of status.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Fairbanks, Alaska

Our client came from the Philippines on a J-1 in August 2012 to work as a speech teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement. After her authorized stay period expired, she remained in the United States.

In May 2015, 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 May 20, 2015, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Alaska State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippine Government) were sent to the Philippines Consulate General for further authentication.  On July 29, 2015, 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 October 8, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on December 3, 2015, 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.

Feel free to call us at (216) 573-3712 or email us at jp@sarmientoimmigration.com if you have any questions. Consultations are free.

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

NATIONALITY: Korean

LOCATION: Los Angeles, CA

Our client is from South Korea who came to the U.S. on a J-1 Visa in December 2013.  He came to the U.S as an intern, and his J-1 program subjected him to the two-year foreign residence requirement.  Later, in July 2014, he married his current U.S. citizen wife. His wife was willing to file an I-130 petition for our client’s permanent residency; however, our client has to get a waiver for his two-year foreign residency requirement before the filing the I-130/I-485 applications.

They retained our office on September 22, 2015.

Once retained, our office prepared a waiver request through a 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 Los Angeles to pursue the waiver for our client.  The Consulate office 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.

His previous immigration counsel already filed the DS-3035 application to U.S. Department of States, but wasn’t able to get a no objection statement. So after retention, on September 25, 2015, our office filed 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 based on his marriage to his U.S. citizen wife.

The Korean Consulate General in Los Angeles promptly 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 October 28, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on December 2, 2015, the USCIS issued an I-612 approval notice and waived our client’s 2 year foreign residency requirement. Now our client can file an adjustment of status application along with his wife’s I-130 petition.

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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.

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

 NATIONALITY:  Egyptian

 LOCATION: Virginia

Our client came to the U.S. on a J-1 Visa in December 2009 from Egypt.  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. Our client would like to file an I-140 self-petition under the National Interest Waiver Category, and eventually file an Adjustment of Status (Green Card) 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 received government funding for his research program which made his case tougher for a No Objection Statement or IGA waiver route. Our client, though, would like to pursue his J-1 waiver based on exceptional hardship. The argument was that our client’s U.S. citizen son 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 February 12, 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. Our client provided us with extensive medical documents and doctor’s reports for his U.S. citizen son’s medical condition.  On February 26, 2015, 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 son would experience exceptional hardship if our client needs to go back to Egypt for two years.

Eventually, the Department of State recommended a waiver for our client on October 7. 2015. Subsequently, the USCIS approved his I-612 waiver on October 14, 2015. Now that our client’s two-year foreign residency requirement is waived, he can file an I-140 NIW application along with his adjustment of status application in the United States.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Cleveland, OH

Our client contacted our office in late September of 2014 regarding her I-751 application.

She is from the Philippines and married a U.S. citizen in September 2012. Through her marriage, she obtained a 2-year conditional green card in January of 2013. Our office helped her in her green card process.  Her conditional residency terminated in January 2015.

To comply with immigration requirements, our client and her wife had to file an I-751 Joint Petition to Remove Conditions. She retained our office on October 6, 2014 and our office prepared an I-751 application for our client with supporting documents.

On October 7, 2014, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, utility bills, joint lease, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

After the application was filed, a fingerprint notice was issued two weeks later. The USCIS issued a Request for Evidence (RFE) regarding the bona fideness of our client’s marriage with her husband. We filed a Response to RFE to the USCIS with more bona fide documents on March 30, 2015.

Eventually, on October 14, 2015, the USCIS approved our client’s I-751 application.

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

NATIONALITY: Korean

LOCATION: Wilmington, DE

Our client is from South Korea who came to the U.S. on a J-1 Visa in February 2015.  He came to the U.S as a visiting scholar, but his J-1 program made him subject to the two-year foreign residency requirement.  He retained our office to seek legal assistance for his I-140 (National Interest Waiver Classification) and I-485 Adjustment of Status.  Before we can file his I-140/I-485 application simultaneously, he has to get a waiver of his two-year foreign residency requirement first.

Once retained, our office prepared and filed a waiver request through a 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’s Office in New York to pursue the waiver for our client.  The Consulate office 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 July 6, 2015, 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 based on NIW.

The Korean Consulate General in Chicago promptly 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 September 3, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on September 16, 2015, the USCIS issued an I-612 approval notice and waived our client’s 2 year foreign residency requirement.

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

NATIONALITY: Kenyan

LOCATION: New Jersey

Our client is from Kenya who came to the U.S. on a J-1 Visa in June 2013 to work as a camp counselor.  After she finished her J-1 program, she remained in the United States. In May 2015, our client married her current LPR husband. (Her husband will become a naturalized U.S. citizen soon). However, she will not be able to adjust her status unless she gets a waiver of the 2-year foreign residency program.  When she came to the United States in 2013, her program made her subject to the 2-year foreign residency program.

Our firm filed a waiver request through a No Objection Statement (NOS) from the Kenyan Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regards to the J-1 No Objection Statement waiver.  Our office contacted the Kenyan Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver, a clearance letter from the J-1 program sponsor, Clearance certificate from HELB and KSCE in Kenya, and a letter of reason for obtaining J-1 waiver.

On June 4, 2015, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Kenyan Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust based on her marriage to her spouse.

Eventually, the Kenyan Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On July 16, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On August 28, 2015, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement. Now, our client can file an I-485 adjustment of status application along with her husband’s I-130 petition once her husband becomes a naturalized U.S. citizen.

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

 NATIONALITY: Malaysian

 LOCATION: Boston, MA

Our Malaysian client came to the U.S. on a J-1 Visa in November 2013.  He came to the United States to work and get training, but his J-1 visa made him subject to the two-year foreign resident requirement.  His workand training program in the U.S. enhanced our client’s interest in his field, and he would like to gain employment in the U.S. beyond his J-1 term. His employer would like to file a petition for him to change his non-immigrant status from J-1 to L-1. However, 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 Malaysian Embassy in the United States.  Our office contacted the Malaysian 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 different documents including a statement of reason for the waiver.

On February 13, 2015, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Malaysian 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 Malaysian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. 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 August 17, 2015.  Now that our client’s two-year foreign residency requirement is waived, he can be a beneficiary of other non-immigrant visa in the United States without going back to Malaysia for 2 years.

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