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

NATIONALITY: Indonesian

LOCATION: Texas

Our client is from Indonesia who came to the U.S. on a J-1 Visa in August 2014.  He came to the U.S. for Internship training. His J-1 program made him subject to the two-year foreign residency requirement.

 In May 2015, our client married his U.S. Citizen wife.  He is eligible to get a green card through his marriage to U.S. citizen; however, before he file his I-130/I-485 application simultaneously, he has to get a waiver of his two-year foreign residency requirement. In order to get a waiver of his two-year foreign residency requirement, he consulted with our office and later decided to retain our office on May 15, 2015.

Once retained, our office promptly prepared and filed a waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in the United States.  Our office and our client contacted the Indonesian Embassy in Washington D.C. to pursue the waiver for our client.  The Embassy requested nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of valid Indonesian passport, and a copy of Form DS-3035 application.

On May 28, 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 is eligible to file a marriage based adjustment of status on an I-130 Petition.

The Indonesian 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. The CIS receipted the fee and issued an I-612 approval notice for our client’s waiver of the two-year foreign residency program on August 17, 2015.  Now, our client can file his adjustment of status application along with an I-130 petition.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: South Carolina

Our client came from the Philippines on a J-1 in July 2008 to work as a 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 April 2011, 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 September 21, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the South Carolina 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 Philippine Embassy in D.C. for further authentication.  On November 20, 2012, 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 June 29, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on August 12, 2015, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her I-485 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 Two-Year Foreign Residency Requirement, IGA

NATIONALITY: Ukrainian

LOCATION: Indiana

Our client is from Ukraine who came to the U.S. on a J-1 Visa in June 2003 to pursue his research program.  He has been extending his J-1 status since then.  In 2014, our client departed to Ukraine and his prospective-employer (university) contacted him to work as a Consultant. His prospective employer plans to file an H-1B petition for our client as his research project was of interest to a federal governmental agency (Department of Defense). However, he cannot get his H-1B visa unless he gets a waiver of the 2-year foreign residency requirement. Moreover, the Ukrainian Embassy does not intend to issue a No Objection statement for our client’s possible J-1 visa waiver.

The Department of State rules have stated that the J-1 visa holder (who is subject to a 2 year foreign residency require) need not work directly for the requested interested government agency, but if the exchange visitor is working on a project that is of interest to a government agency and that agency has determined that the visitor’s departure for two years to fulfill the foreign residence requirement will be detrimental to the agency’s interest, that agency may request an interested government agency waiver.

Once retained, our office prepared a waiver request through the IGA route. On November 19, 2014, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also included letters from his prospective employer to the federal governmental agency and asked them to be an interested government agency based on the research project that our client was involved in.

Eventually, on May 8, 2015, the Waiver Review Division issued a favorable recommendation based on the IGA letter. On June 5, 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 get an H-1B visa to work on his research in the United States.

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

NATIONALITY:Kenyan                                                                                                        

LOCATION: Atlanta, GA

Our client is from Kenya who came to the U.S. on a J-1 Visa in August 1998 to pursue his master’s degree.  After he finished his J-1 program, he remained in the United States.

In October 2013, our client married his current U.S. citizen wife. However, he initially can’t adjust status unless he got a waiver for the 2-year foreign residency program.  When he came to the United States in 1998, his program was clearly subject to the 2-year foreign residency program.

Thereafter, our office prepared a waiver request through the 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 application for our client.  The Embassy requested several documents including a statement of reason for the waiver, the 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 March 13, 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 his marriage to U.S. citizen 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 May 13, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On June 4, 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 his wife’s I-130 petition. 

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

NATIONALITY: Chinese

LOCATION: California

Our client was a citizen of China who came to the U.S. on a J-2 Visa in October 2007.  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.

After our client came to the United States, he completed his high school and was admitted to a University to pursue his bachelor’s degree. He went back to China and got his F-1 student visa at the U.S. Embassy in China and came back to the United States with his F-1 student visa.

He turned 21 in 2010. This year, his employer filed an I-129 petition for our client’s H-1B visa. However, because of her 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. Our client turned 21 in July 2010.

Our firm was retained to do his J-2 waiver, and on March 12, 2015, 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 April 11, 2015 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On May 22, 2015, the USCIS issued an I-612 approval notice for our client’s waiver request.

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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 2007 to work as a trainee. 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 December 2012, 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 December 9, 2015, 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 San Francisco for further authentication.  On February 16, 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 April 16, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 19, 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.

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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 December 2002 as a visiting scholar. His J-1 program made him subject to the two-year foreign residence requirement.  He retained our office to seek legal assistance for his H-1b visa.. Before his H-1b gets approved, he has to get a waiver of his 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 January 28, 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 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 March 25, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, the USCIS issued an I-612 approval on May 1, 2015.

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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 2007 to work as a trainee. According to her DS-2019, she was subject to the two-year foreign residency requirement. After her authorized stay period was expired, she has remained in the United States.

In March 2014, 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 August 29, 2014, 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 Philippine Government) were sent to the Philippine Consulate General in San Francisco for further authentication.  On November 4, 2014, 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 March 9, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on April 6, 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.

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

NATIONALITY: Kenyan

LOCATION: Atlanta, GA

Our client is from Kenya who came to the U.S. on a J-1 Visa in May 2002.  After she finished her J-1 program, she remained in the United States. In February 2009, our client married her current U.S. citizen husband. However, she was not able to adjust her status because she had to get a waiver for the 2-year foreign residency requirements. When she came to the United States in 2002, her program made her subject to the 2-year foreign residency program.

Thereafter, our office promptly prepared the filing of 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 regard 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, the clearance letter from J-1 program sponsor, Clearance certificate from HELB and KSCE in Kenya, and a letter of reason for obtaining J-1 waiver.

On December 9, 2014 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 U.S. citizen 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 February 18, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On March 20, 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 I-485 adjustment of status application along with her husband’s I-130 petition.

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

NATIONALITY:  Kenyan

LOCATION: Maryland

Our client came to the U.S. on a J-1 Visa in August 2004 from Kenya.  She came to the U.S. for her studies, and her J-1 visa made her subject to the two-year foreign resident requirement. After her J-1 status expired, she remained in the United States.

Later, she married her U.S. citizen husband in 2006.  Our client’s husband intended to apply for an I-130 petition for her and our client wanted to file an adjustment of status application. However, due to the two-year foreign residency requirement, she had to obtain a waiver first.

Our client could not pursue her waiver under the No Objection Statement or Interest Government Agency (IGA) due to lack of mandatory documents. Our client, though, would like to pursue her J-1 waiver based on the exceptional hardship standard. 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 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 she retained our firm, we prepared and filed a waiver request through the exceptional hardship basis. On July 23, 2014 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 her U.S. citizen son’s medical condition. On October 15, 2014, our office filed an I-612 application to the USCIS.

Eventually, the Department of State recommended a waiver for our client on January 14, 2015. Subsequently, the USCIS approved her I-612 waiver on January 26, 2015. Now that our client’s two-year foreign residency requirement is waived, she can file an adjustment of status application in the United States along with her husband’s I-130 petition for her.

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