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

NATIONALITY: Turkish

LOCATION: Texas

Our client is a citizen of Turkey 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 changed his status from J-2 to F-1.

He turned 21 in 2012. He would like to get a waiver because his prospective employer will file an I-129 petition for our client’s H-1B visa. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without fulfilling the requirement or the getting a waiver approved.

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 October 2012.

Our firm was retained to do his J-2 waiver, and on May 27, 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 July 22, 2015 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On August 26, 2015, 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: Pittsburgh, PA

Our client was a citizen of China who came to the U.S. on a J-2 Visa in March 2007.  He came with his mother who came on a J-1 Visa for her 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 2011. 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. In fact, our client turned 21 in March 2011.

Our firm was retained to do his J-2 waiver, and on March 25, 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 27, 2015 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On May 21, 2015, 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: San Francisco, California

Our client was a citizen of Canada who came to the U.S. on a J-2 Visa in January 1992 when she was a Chinese Citizen.  She came with her mother who came on a J-1 Visa for her 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.

Once her mother’s program was completed, her family immigrated to Canada. In 1999, our client came back to the U.S. on a TD visa (dependent of TN visa holder) with her parents. She finished her high school and went back to Canada for her undergraduate degree. In 2009, she came back to the U.S. on an F-1 student visa to pursue her degree. Later, she married her current husband and she filed her adjustment of status application as a derivative applicant of her husband’s application.

She turned 21 in 2005. However, because of her two-year foreign residency requirement, the USCIS requested her to show whether she has complied with the 2 year foreign residency rule. She was not aware of this requirement since she was so young when she came to the United States in 1992.

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 2005.

In order to obtain aJ-2 waiver before her RFE deadline, she contacted our office. Our firm was retained to do her J-2 waiver on March 2, 2015. On March 4, 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 9, 2015 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On May 4, 2015, 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: Korean

LOCATION: Los Angeles, California

Our client is a citizen of South Korea who came to the U.S. on a J-2 Visa in August 2005.  She came with her 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 completed her ESL courses and was admitted to the University to pursue her bachelor’s degree. In July 2006, she went back to South Korea and got her F-1 student visa at the U.S. Embassy in Seoul, and came back to the United States with her F-1 student visa.

She turned 21 in 2007. This year, she would like to change her status from F-1 to H-1B if her prospective employer files an I-129 petition for her in April. Moreover, she also has an approved I-140 petition and currently is waiting for her priority date to be current. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without 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 March 2007.

Our firm was retained to do her J-2 waiver on December 11, 2014. On December 12, 2014, 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 9, 2015 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On January 20, 2015, 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: Vietnamese

LOCATION: Houston, Texas

Our client is a citizen of Vietnam who initially came to the U.S. on a J-2 Visa in December 2011. He came with his ex-wife who held a J-1 Visa as a visiting researcher. Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out and he eventually got divorced from his ex-wife. In June 2014, our client married his current U.S. citizen wife. She is willing to file an I-130 for our client, but our client cannot file an adjustment of status application without a waiver of the two-year foreign residency requirement.

He contacted our office, and our firm was retained for his J-2 waiver.  On June 18, 2014 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 July 30, 2014, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client to be granted a waiver. On August 25, 2014, the USCIS issued the I-612 waiver approval.

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

NATIONALITY: Chinese

LOCATION: Atlanta, GA

Our client was a citizen of China who came to the U.S. on a J-2 Visa in July 2007.  She came with her 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 completed her high school and was admitted to the University to pursue her bachelor’s degree. In July 2009, she went back to China and got her F-1 student visa at the U.S. Embassy in China and came back to the United States with her F-1 student visa.

She turned 21 in November 2011. She is now married to her Chinese citizen husband and her husband is a recipient of an approved I-526 petition (EB-5 immigrant visa). However, because of her two-year foreign residency requirement, our client could not apply for permanent residency.

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 June 2, 2014. On June 10, 2014, 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 June 30, 2014 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On August 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 Post-Divorce

NATIONALITY: Chinese

LOCATION: New Mexico

Our client is a citizen of China who initially came to the U.S. on a J-2 Visa in April 2004. She came with her ex-husband who held a J-1 Visa as a visiting researcher. Both were subject to the two-year foreign residency requirement. Later, she changed her status from J-2 to F-1 by pursuing her Ph.D. degree program. However, she was still 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 remained in the United States and has continuously pursued for her Ph.D. degree under an F-1 student visa. She also has a U.S. citizen fiancé who is willing to file an I-130 petition for her once they get married.

She contacted our office, and our firm was retained to do his J-2 waiver on April 30, 2014.

On May 16, 2014 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 June 5, 2014, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client be granted a waiver. On July 10, 2014, 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: Chinese

LOCATION: South Dakota

Our client is a Chinese national and a naturalized Canadian Citizen who came to the U.S. on a J-2 Visa in 1994. 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. After that, she moved to Canada, pursued her education, and became a naturalized Canadian Citizen.

She came back to the United States and eventually got an I-140 EB2 approval from her employer. However, even with the approved I-140 petition, until she gets a waiver of the 2-year foreign residency requirement, she cannot file for adjustment of status.

She contacted our office, and our firm was retained to do her J-2 waiver on March 28, 2014.

Our client did not have any of her ex-husband’s IAP-66s, but we submitted several documents pertaining to information that may be helpful to the DOS. They requested more documents, and we provided them what the applicant had and an brief that included the program number, program sponsor, dates, program name, etc.

On April 7, 2014 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 April 30, 2014, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client to be granted a waiver. On May 5, 2014, the USCIS issued the I-612 waiver approval.

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

NATIONALITY: Australian

LOCATION: Houston, Texas

Our client is a citizen of Australia who came to the U.S. on a J-2 Visa in November 1999.  She came with her 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 started to attend a community college in the Dallas area as a J-2 visa holder. In August 2000, she filed an I-539 change of status application to the USCIS, and this application was granted. She changed her status from J-2 to F-1. She completed her associate’s degree and proceeded to a Bachelor’s degree at a different academic institution. However, after she graduated in 2005, she failed to maintain her non-immigrant status in the United States.

She turned 21 in 2002.

She eventually got married to a U.S. citizen husband and her husband filed an I-130 petition for our client in April 2010. This I-130 petition was approved in July 2010. However, because of her two-year foreign residency requirement, our client could not apply for permanent residency.

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 August 2002.

Our firm was retained to do her J-2 waiver on February 28, 2014. On March 17, 2014, 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 2, 2014 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On April 28, 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 Post-Divorce

NATIONALITY: Russian

LOCATION: Virginia

Our client is a citizen of Russia who initially came to the U.S. on a J-2 Visa in February 1995. He came with his ex-wife who held a J-1 Visa as a visiting researcher. Both were subject to the two-year foreign residency requirement. Later, both of them started to work at International Governmental Organizations in the United States under G-4 visas. However, they were still subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out and he eventually got divorced from his ex-wife. He remained in the United States and has continuously worked for his employer under a G-4 visa.

In September 2011, our client married his U.S. citizen wife. She wanted to file an I-130 petition for him, but he could not file for adjustment of status because of the two-year foreign residency requirement.

He contacted our office, and our firm was retained to do his J-2 waiver on February 12, 2014.

On February 19, 2014 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 March 17, 2014, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client be granted a waiver. On April 1, 2014, the USCIS issued the I-612 waiver approval.

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