CASE: J2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Chinese

LOCATION: Seattle, WA

Our client was a citizen of China (now, he is a naturalized Canadian Citizen) who came to the U.S. on a J-2 Visa in 1997.  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 finished high-school as a J-2 visa holder. In 2000, he went to Canada and stayed there as a Canadian Permanent Resident. Later, he pursued his bachelor’s and master’s degrees in Canada and became a naturalized Canadian Citizen. In 2007, he came back to the U.S. as a TN visa holder to work for Microsoft in Seattle, Washington.  Currently, he is working for Microsoft on a TN visa, but he would like to apply for a J-2 waiver so that he would not have any problems for his future change of status in the United States when his employer files an I-129 petition for him this year.

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 June 2002.

Our firm was retained to do his J-2 waiver on December 4, 2013. On December 19, 2013, 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 February 3, 2014 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On February 7, 2014, 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: Philadelphia, PA

Our client is a citizen of China who came to the U.S. on a J-2 Visa.  She 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, she finished high-school as a J-2 visa holder and later pursued her Bachelor’s degree. Prior to the commencement of her Bachelor’s program, our client changed his status from J-2 to F-1 through the U.S. Embassy in Beijing, China. Currently, she is working for her employer under an OPT,  but she would like to apply for a J-2 waiver so that she would not have any problem for her future change of status in the United States when her prospective employer files an I-129 petition for her in 2014.

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 November 2011.

Our firm was retained to do her J-2 waiver on October 24, 2013. On November 1, 2013, 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 December 5, 2013 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On January 29, 2014, 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: Illinois

Our client is a citizen of China who came to the U.S. on a J-2 Visa.  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 finished high-school as a J-2 visa holder and later pursued his Bachelor’s degree. Prior to the commencement of his Bachelor’s program, our client changed his status from J-2 to F-1 through the U.S. Consulate in Shanghai, China. He is still in school, but he would like to apply for a J-2 waiver so that he would not have any problem for his future change of status in the United States when his prospective employer files an I-129 petition for him in 2014.

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 2012.

Our firm was retained to do his J-2 waiver on September 10, 2013. On October 4, 2013, 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 October 28, 2013 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On November 14, 2013, 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: Chinese

LOCATION: Houston, Texas

Our client is a citizen of China who came to the U.S. on a J-2 Visa in January 2003. She came with her husband who held a J-1 Visa as a visiting scholar. Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out and she eventually got divorced from her ex-husband. She lost her J-2 status and she was still subject to the two-year foreign residency requirement.

She remained in the United States and pursued her education. She is now enrolled into a Ph.D. program in Nursing.

Her prospective employer is willing to file an H-1B I-129 petition for her, but until she gets a waiver of the 2-year foreign residency requirement, she cannot change her status.

She contacted our office, and our firm was retained to do her J-2 waiver on August 16, 2013.

On August 26, 2013 the J-2 Waiver 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.

On September 27, 2013, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client be granted a waiver. On October 16, 2013, the USCIS issued the I-612 waiver approval.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Kenyan
LOCATION: Texas
FILED: August 23, 2012
DOS RECOMMENDATION: September 24, 2012
APPROVED:
Our client is a citizen of Kenya who came to the U.S. on a J-2 Visa in 2002. She came with her husband who held a J-1 Visa as a graduate student. Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out and she eventually got divorced from her ex-husband. She lost her J-2 status and she was still subject to the two-year foreign residency requirement.

She remained in the United States and fell in love with who would be her current U.S. Citizen husband. They got married in July 2012.

He wanted to file an I-130 petition for her, but she could not file for adjustment of status because of the 2 year foreign residency requirement.

In August of this year, our client’s relative contacted our office. She wanted us to help our client obtain a waiver so she can eventually file for her green card.

Our firm was retained to do her J-2 waiver on August 16, 2012. On August 23, 2012 the J-2 Waiver 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.

On September 24, 2012, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On October 10, 2012, the USCIS issued the I-612 waiver approval.

Now, our client’s U.S. citizen husband can file an I-130 petition for our client and our client can file her green card application with the waiver approval.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other J-2 waiver success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

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

Our client is a citizen of China who came to the U.S. on a J-2 Visa.  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 finished high-school as a J-2 visa holder and later pursued his Bachelor’s degree.  Our client initially started his bachelor’s program as a J-2 visa holder, but in April 2001, he changed his status from J-2 to F-1 through the U.S. Consulate in Mexico. He had to change his status from J-2 to F-1 because he turned 21 in January 2011.  After he graduated, he married his current U.S. Citizen wife in October 2009 and his wife filed an I-130 petition on behalf of our client.  The I-130 petition was approved in February 2011.

Our client contacted our office in January 2012, and sought advice regarding his chances of applying for permanent residency.  He has an approved I-130 petition; however, without a waiver of the 2-year foreign residency requirement, our client would not be able to adjust his status in the United States.  Our office explained that we can apply for his J-2 waiver application through the Interested Government Agency (IGA) route.

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 his J-2 waiver on January 19, 2012. On January 31, 2012, 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 February 21, 2012 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On March 16, 2012, the USCIS issued an I-612 approval notice for our client’s waiver request. Now, our client can file his I-485 adjustment of status application with the approved I-130 petition and I-612 waiver approval. He can now apply for his green card.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other J-2 waiver success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child
NATIONALITY: Ukraine
LOCATION: Indianapolis, IN

Our client is a citizen of Ukraine who came to the U.S. on a J-2 Visa.  He came with his father who was on a J-1 Visa to pursue his Ph.D. 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 H, L, and O.

After our client came to the United States, he completed his high-school as a J-2 visa holder and later went to college.  Our client initially started his bachelor’s program in a J-2 status, but in January 2011, he changed his status from J-2 to an F-1 student visa through the U.S. Embassy in Canada.  He had to change his status from J-2 to F-1 because he turned 21 in January 2011. After graduation, he applied for OPT (Optional Practical Training), later got a job offer, and started to work for this company in Indianapolis.

Our client contacted our office in December 2011, and sought legal advice regarding the J-2 waiver process.  His OPT will be expired in July 2012, and his current employer was willing to sponsor his H-1B visa.  However, without a waiver of the 2-year foreign residency requirement, our client would not be able to change his status to H-1B.  Our office explained to him that we can do the J-2 waiver application through the Interested Government Agency (IGA) route.

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 this 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 his J-2 waiver on December 20, 2011. On January 9, 2012, 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 is not a dependent of the J-1 visa holder anymore.  Eventually, on January 27, 2012 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On February 29, 2012, the CIS granted the J-2 waiver.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other J-2 waiver success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Chinese
LOCATION: Philadelphia, PA

Our client is a citizen of China who came to the U.S. on a J-2 Visa in 1996.  She came with her husband who held a J-1 Visa as a doctor.  Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out well and she got divorced from her ex-husband.  She lost her J-2 status in the United States and she was still subject to the two-year foreign residency requirement.  She could not change her status to other non-immigrant visas because of the requirement.

In August of this year, our client’s U.S. citizen son contacted our office.  He wanted us to help his mother obtain a waiver so that he can petition our client for a green card. Our firm was retained to do her J-2 waiver on August 12, 2011. On August 17, 2011 the J-2 Waiver 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.

On August 24, 2011, 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 September 16, 2011, less than a month from the date we filed the waiver.

Finally, after 15 years in the United States, our client can apply for her green card. Our client’s son can file an I-130 petition for our client and she can file an adjustment of status application (I-485) as well.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other J2 waiver success stories, please click here.

For other success stories, please click here.

Should you have questions, feel free to contact our office for free consultations.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Ukraine
LOCATION: Ukraine

Our client is a citizen of Ukraine who came to the U.S. on a J-2 Visa.  He came with his wife who was on a J-1 Visa. Both were subject to the two-year foreign residency requirement, meaning you would have to go back to your home country for two-years before you can apply for permanent residency or some non-immigrant visas such as H, L, and O. Moreover, if you are subject to the two-year foreign residency requirement, you are not allowed to change some non-immigrant status in the United States.

Once his wife’s government-sponsored program was completed in the United States, our client and his wife went back to Ukraine together.  Unfortunately, his marriage did not work out well after they went back to Ukraine.  Eventually, he got divorced from his ex-wife.  Thereafter, our client got a job offer from a multi-national corporation which was willing to sponsor our client for his L-1 visa.  However, as mentioned above, an alien who is subject to the 2-year requirement cannot get his/her L or H visa until he/she fulfills the requirement or gets a waiver.

After he read several blog articles from our website, he contacted us from Ukraine.  Our firm was retained to do his J-2 waiver on December 15, 2010. On December 17, 2010 the J-2 Waiver 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 March 8, 2011 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Now, his employer can petition an L-1 visa on behalf of our client.

This J-2 waiver case was somewhat different from the previous J-2 cases that our office handled.  First of all, the applicant of the J-2 waiver was outside the United States – specifically in Ukraine.  Moreover, the J-1 program was sponsored by the government, rather than private entities.  Nevertheless, our office successfully got a waiver for our client in less than 3 months.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce, I-130, and I-485 Green Card Process

NATIONALITY: Filipino

LOCATION: New Jersey

Our client is a Filipino national who came to the U.S. on a J-2 Visa. He came with his ex-wife who was on a J-1 Visa. Both were subject to the two-year foreign residency requirement, meaning you would have to go back to your home country for two-years before you can apply for permanent residency and some non-immigrant visas. (Please read the article below for more details about J-1 Waiver and 2 year foreign residency requirement).

He got divorced from his wife and later on thought of marrying his U.S. Citizen girlfriend. He consulted with our firm on whether he can apply for a green card upon marriage. We told him he could not because he is still subject to the two-year foreign residency requirement. We first had to do a waiver of this requirement. Our firm was retained to do this J-2 waiver on April 7, 2010. On April 9, 2010 the J-2 Waiver 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 is divorced from the J-1 visa holder. On April 28, 2010 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On May 28, 2010, the USCIS approved the waiver of the 2-year foreign residency requirement.

After our office got his waiver, our client got married in a few months. Our office then filed the I-130 Petition, I-765 Work Authorization Form and I-485 Adjustment of Status Application on September 3, 2010. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. On November 10, 2010, our client got his work authorization card from the USCIS.

In early December, Attorney Sung Hee (Glen) Yu thoroughly prepared our client and his wife for their upcoming USCIS marriage interview. We prepared our clients with potential questions at the interview.  On December 9, 2010, our client was interviewed in Newark, New Jersey. Attorney Sung Hee (Glen)Yu accompanied the clients at the interview as well.  After the interview, on the same day, the USCIS officer granted our client’s adjustment of status application.  Our client finally is now a green card holder.

Pursuant to federal immigration law, our office first obtained a J-2 waiver for our client before we filed the I-130/I-485.  Our client’s J-2 waiver was approved less than two months after we filed it.  Also, it only took three months for our client to get his green card once we filed client’s I-130 and I-485 applications simultaneously.

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