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

NATIONALITY:  Iran

LOCATION: Montana

Our client came from Iran and has maintained his J-1 status from February 2013.  He got his J-1 status as a research scholar and was receiving government funding for his research.  His J-1 status made him subject to the two-year foreign residency requirement. Our client would like to file his adjustment of status application along with his I-140 NIW 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). As mentioned above, 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 daughter is experiencing exceptional medical hardships. Moreover, they will experience other hardships (economic and security) once they go back to Iran.

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 April 19, 2016 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 April 29, 2016, 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 and economic hardship if our client needs to go back to Iran for two years.

Eventually, the USCIS approved his I-612 waiver on November 28, 2016. Now that our client’s two-year foreign residency requirement is waived, he can file his adjustment of status application along with his NIW I-140 self-petition in the United States.  

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

NATIONALITY:  Indonesia

LOCATION: New Jersey

Our client came from Indonesia in 2007 with a valid J-1 visa.  She got her J-1 status as a student for her graduate studies, and she was a recipient of a Fulbright scholarship for her studies.  Her J-1 status made her subject to the two-year foreign resident requirement. Once her J-1 program was completed, she remained in the United States and pursued her Ph.D. program under F-1 status. Later, she married her current U.S. citizen husband and became a mother of a U.S. citizen child. Our client would like to file her adjustment of status application along with her husband’s I-130 petition; however, due to the two-year foreign residency requirement, she had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue her waiver under No Objection Statement or Interest Government Agency (IGA). As mentioned above, our client also received government funding (Fulbright Scholarship) for her studies which made her case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue her J-1 waiver based on exceptional hardship standard. In fact, our client’s U.S. citizen daughter 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 she retained our firm, we prepared and filed a waiver request through an exceptional hardship basis. On November 24, 2015, 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 her U.S. citizen daughter’s medical conditions.  On December 17, 2015, 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 Indonesia for two years.

Eventually, the USCIS approved her I-612 waiver on November 28, 2016. Now that our client’s two-year foreign residency requirement is waived, she can file her adjustment of status application along with her husband’s I-130 petition in the United States.  

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

NATIONALITY:  Kenyan

LOCATION: Maryland

Our client came from Kenya in February 1993 with a valid J-1 visa.  He got his J-1 status as a research scholar and was receiving government funding for his research.  His J-1 status made him subject to the two-year foreign resident requirement. After he completed his J-1, he remained in the United States. Later, he married his current U.S. citizen wife and became a father of two U.S. citizen children. Our client would like to file his adjustment of status application along with his wife’s I-130 petition; 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). As mentioned above, 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 wife 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 December 17, 2015, 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 wife’s medical conditions.  On December 18, 2015, 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 wife would experience exceptional hardship if our client needs to go back to Kenya for two years.

However, on May 11, 2016, the USCIS issued a Request for Evidence (RFE) for our client’s I-612 case. The USCIS asked our client to submit more evidence to demonstrate the extreme hardship to his U.S. citizen wife if he has to go back to Kenya for 2 years.  On August 2, 2016, our office filed the Response to RFE to USCIS along with additional documents to support the claim of financial and medical hardship including income and expenses, plus more recent medical documents of his U.S. citizen wife evidencing the hardship.

Eventually, the USCIS approved his I-612 waiver on October 26, 2016. Now that our client’s two-year foreign residency requirement is waived, he can file his adjustment of status application along with his wife’s I-130 petition in the United States.  

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

NATIONALITY:  Egyptian

LOCATION: Maryland

Our client came from Egypt and has maintained his J-1 status from May 2011.  He got his J-1 status as a research scholar and was receiving government funding for his research.  His J-1 status made him subject to the two-year foreign resident requirement. Our client would like to file his adjustment of status application along with his I-140 NIW 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). As mentioned above, 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 daughter 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 he retained our firm, we prepared and filed a waiver request through an exceptional hardship basis. On February 18, 2016 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 March 4, 2016, 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 Egypt for two years.

Eventually, the USCIS approved his I-612 waiver on September 21, 2016. Now that our client’s two-year foreign residency requirement is waived, he can file his adjustment of status application along with his NIW I-140 self-petition in the United States.  

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

NATIONALITY: Nepalese

LOCATION: Michigan

Our Nepalese client came to the U.S. on an F-1 student visa and finished his Ph.D. program. Thereafter, he changed his status from F-1 to J-1 to work as a research scholar.  However, his J-1 visa made him subject to the two-year foreign resident requirement. In April 2015, he filed an I-140 EB-2 NIW Self-Petition to the USCIS and it was approved in August 2015. However, 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, the approved copy of I-140 notice, a copy of DS-2019, and a copy of Third Party Bar Code Page

On January 12, 2016, 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 March 7, 2016, 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 23, 2016.  Now that our client’s two-year foreign residency requirement is waived, he can file adjustment of status application with the approved I-140 petition.

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

NATIONALITY: Turkish                                                                                                        

LOCATION: Los Angeles, CA

Our client is from Turkey who came to the U.S. on a J-1 Visa in November 2014 to work as a post-doctoral researcher. She determined that she would like to apply for an adjustment of status based on a possible I-140 National Interest Waiver self-petition. However, she would not be able to adjust her status unless she obtained a waiver of the 2-year foreign residency program.  

She retained our office on January 15, 2016. Thereafter, our office prepared 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 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 January 19, 2016, 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 is eligible to adjust based on her marriage to her 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 May 24, 2016, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On June 2, 2016, 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-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Indian

LOCATION: Chicago, IL

Our client was a citizen of India who came to the U.S. on a J-2 Visa in December 1992.  She came with her father who came on a J-1 Visa as an alien physician 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’s father’s J-1 program was completed, the family immigrated to Canada. Our client came to the United States on an F-1 student visa in 2010 to pursue her doctoral program. In 2014, she married her U.S. citizen husband. Her husband will file an I-130 petition for her and she will file her adjustment of status application. However, because of her two-year foreign residency requirement, our client cannot adjust her status without the fulfilling the requirement or getting 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 December 2009.
Our firm was retained to do her J-2 waiver, and on December 21, 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 January 19, 2016 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On April 25, 2016, 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: Montana

Our client came from the Philippines on a J-1 Visa in November 2013 to work as a teacher. Based on 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 October 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 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 2, 2015, 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 Philippine Consulate General in Chicago for further authentication.  On January 5, 2016, 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, 2016, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on March 24, 2016, 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: Taiwanese

LOCATION: Rhode Island

Our Taiwanese client came to the U.S. on a J-1 Visa for her post-doctoral research program. Her her J-1 visa made her subject to the two-year foreign residency requirement. She wanted to file for adjustment of status as a derivative applicant of her husband’s employment-based I-140 based adjustment of status application.  However, due to the two-year foreign residency requirement, she had to obtain a waiver first before she files her adjustment of status application in the United States.

After she retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Taipei Economic and Cultural Representative Office in the U.S.  Our office contacted the TECR Office in Washington D.C. to make sure we knew all the requirements needed for their office to issue a no objection statement.  The Office requested numerous documents including a statement of reason for the waiver, employment letter, the applicant’s resume, a copy of her valid Taiwanese passport, and a copy of Form DS-3035.

On September 15, 2015, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Taipei Economic and Cultural Representative Office in the U.S. to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file an adjustment of status application but for the waiver.

The Taipei Economic and Cultural Representative Office in the U.S. eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On February 8, 2016, 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 February 24, 2016.  Now that our client’s two-year foreign residency requirement is waived, she can file her green card application in the United States without going back to Taiwan for 2 years.

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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 2014 to work as a camp counselor.  After she finished her J-1 program, she remained in the United States. In June 2015, our client married her current U.S. Citizen husband.  However, she won’t 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 2014, her program clearly made her subject to the 2-year foreign residency program.

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

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 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 October 21, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On February 8, 2016, 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.

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