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

NATIONALITY: Turkish                                                                                                        

LOCATION: Norfolk, VA

Our client is from Turkey who came to the U.S. on a J-1 Visa in August 2016 as an exchange student. In October 2019, she married her U.S. citizen spouse. She wished 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 January 13, 2020. Thereafter, our office promptly prepared the 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.  

On February 5, 2020, 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 her U.S. citizen spouse. 

Eventually, the Turkish Embassy issued a No Objection Statement for our client. They then sent this letter to the State Department’s Waiver Review Division.  On June 15, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On July 13, 2020, 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 the Two-Year Foreign Residency Requirement, Persecution

 NATIONALITY:  Pakistani

 LOCATION: Pittsburgh, PA

Our client came to the U.S. on a J-1 Visa in January 2015 from Pakistan.  She came to the U.S. for her undergraduate program, and her J-1 visa made her subject to the two-year foreign residency requirement. Our client would like to be eligible for adjustment of status or other visas in the future.  However, due to the two-year foreign residency requirement, she had to obtain a waiver first.

Our client believed she could pursue her J-1 waiver under the persecution category since she will be persecuted based on her culturally forbidden marriage. 

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 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 she would be persecuted if she goes back to Pakistan based on her marriage. After she retained our firm, we prepared and filed a waiver request through the  persecution basis. On June 18, 2019, 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 she will be persecuted in Pakistan if she goes back. On October 8, 2019, our office filed the I-612 application to the USCIS. 

On January 15, 2020, the USCIS issued a Request for Evidence (RFE) and requested our client to submit more evidence to support her persecution claim. Our office prepared an extensive Response to the RFE and submitted it on March 13, 2020.  Eventually, the Department of State recommended the waiver for our client on May 5, 2020. Subsequently, the USCIS approved her I-612 waiver on July 14, 2020.

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CASE: I-130 / I-485

NATIONALITY: Philippines

LOCATION: Salinas, CA

Our client came from the Philippines on a J-1 in September 2013 to work as a teacher. Based on her visa and DS-2019, 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 prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States through 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 then prepared the documents for the NOS request to the EVP. On July 27, 2018, our office sent our NOS application to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee granted the No Objection Statement and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued the official No Objection Statement to the Department of State.

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. 

Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 1, 2019.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients through conference calls. On January 15, 2020, our client was interviewed at the Santa Clara, CA USCIS office.  

However, on May 1, 2020, the USCIS issued a Request for Evidence (RFE) and requested our client to submit a certified disposition of court and police documents record regarding her previous misdemeanor criminal record. Our office filed the Response to RFE to the USCIS on May 26, 2020. Eventually, on June 9, 2020, the USCIS approved our client’s I-485 adjustment of status application. Now, she is a green card holder. 

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Fayetteville, NC

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

In September 2018, he got married to his U.S. citizen spouse and later on consulted with our firm for his 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 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 November 27, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On January 9, 2020, 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 28, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 18, 2020, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for his adjustment status application along with his U.S. Citizen spouse’s I-130 petition for him.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Sacramento, CA

Our client came from the Philippines on a J-1 in August 2017 to work as a teacher. Based on her DS-2019, she was subject to the two-year foreign residency requirement. 

In July 2019, 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 two-year requirement or obtains a waiver.

On October 16, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On November 26, 2019, our office sent our client’s NOS request to the EVP Waiver Review Committee in Manila, Philippines.  The Waiver Review Committee approved of the request and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On May 5, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 18, 2020, 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: Covington, KY

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 January 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 November 27, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On December 16, 2019, 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 May 5, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 12, 2020, 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: Sacramento, California

Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. Based on his DS-2019, he was subject to the two-year foreign residency requirement. Later, his employer wanted to sponsor his green card and he consulted with our firm for his 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.

Our office told our client that he can apply for a waiver under the No Objection Statement category based on the fact that he has a U.S. citizen son. 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 30, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also prepared the application packet to the EVP Philippines, which require several distinct documents, including apostilled affidavits and forms. On December 19, 2019, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  They approved the application and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On May 5, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 12, 2020, the USCIS issued an I-612 approval notice for the waiver.

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Case: I-485

Potential Issue: Response to RFE

Client: Chinese

Location: Millburn, NJ

Our client came from China and filed her I-485 adjustment of status application to the USCIS in February 2019. We were not her attorney of record when she filed the application. On November 8, 2019, the USCIS Newark Field Office issued a Request for Evidence (RFE) asking for proof that our client met the two-year foreign residency requirement or proof that she has an approved waiver of the two-year foreign residency requirement. Our client contacted our office for legal assistance on RFE response and retained our office on November 14, 2019. 

In response to the USCIS’s RFE, our office included an Advisory Opinion by the U.S. Department of State, a copy of our client’s J-1 visa page and DS-2019. Moreover, our office included a detailed brief explaining why our client’s J-1 program was not subject to the two-year foreign residency requirement. On November 18, 2019, we filed the Response to RFE.

Eventually, on May 5, 2020, the USCIS approved our client’s I-485 adjustment of status application. Our client is now a green card holder.

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

 NATIONALITY:  Indian

 LOCATION: New York City, NY

Our client came from India to the U.S. as a J-1 post-doctoral scholar in 2016. His J-1 program made him subject to the two-year foreign resident requirement. Our client would like to file his adjustment of application along with his I-140 EB-1A 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). Our client also received government funding for his research programs which made his case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue his J-1 waiver based on exceptional hardship standard. In fact, 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 an exceptional hardship basis. On June 10, 2019, 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. Our client provided us with extensive medical documents and doctor’s reports for his U.S. citizen daughter’s medical conditions.  On June 11, 2019, 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’s daughter would experience exceptional hardship if our client needs to go back to India for two years. 

Eventually, the USCIS approved his I-612 waiver on April 29, 2020 without any Request for Evidence.

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CASE:   J-1 Waiver (No Objection Statement)

APPLICANT / BENEFICIARY: Filipina

LOCATION: Corona, California

Our client came to the United States from the Philippines in August 2010 on a C-1 visa (Crewman). She remained in the United States after her entry in August 2010. She married her U.S. citizen husband in February 2017. She retained our office on June 20, 2017 for the I-130 and I-601A waiver filing. We filed an I-130 petition for her in July 2017. This I-130 petition was approved in February 2018. With our office’s legal assistance, she also obtained her I-601A Provisional Waiver on March 17, 2020. 

However, our client cannot file for adjustment of status application due to her ground of inadmissibility (crewman entry and overstay). She needs a waiver of inadmissibility to become a green card holder. Despite she has her I-601A waiver, she also needs to get a J-1 waiver for her previous J-1 program which took place prior to her C-1 visa entry. 

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 11, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On September 16, 2019, 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 13, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on April 3, 2020, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her immigrant visa filing with her waivers. 

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