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

 NATIONALITY: Venezuelan

 LOCATION: Lakewood, OH

Our client came from Venezuela and came to the U.S. as a J-1 researcher. Her J-1 status made her subject to the two-year foreign resident requirement. Our client would like to file her adjustment of status application along with her U.S. Citizen 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 his waiver under No Objection Statement or Interest Government Agency (IGA). Our client also received government funding for her studying programs which made her case pretty much impossible 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 husband 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 March 15, 2018, 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 husband’s medical conditions.  On March 20, 2018, 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 husband would experience exceptional hardship if our client needs to go back to Venezuela for two years. 

Eventually, the USCIS approved his I-612 waiver on August 19, 2019. 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:  Iranian

 LOCATION: Tuscaloosa, Alabama

Our client came from Iran and came to the U.S. as a J-1 short-term scholar in 2013.  In 2015, he got his F-1 status as a Ph.D. Student in the United States. 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). 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 July 31, 2017, 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 son’s medical conditions.  On August 14, 2017, 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 son would experience exceptional hardship if our client needs to go back to Iran for two years. 

Eventually, the USCIS approved his I-612 waiver on August 19, 2019. 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 Two-Year Foreign Residency Requirement, No Objection Statement 

NATIONALITY: Turkish                                                                                                        

LOCATION: Bryan, TX

Our client is from Turkey who came to the U.S. on a J-1 Visa in January 2012 as a research scholar. In June 2019, she married her U.S. citizen spouse. She wishes 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.  

Once she retained our office, we promptly prepared for 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 promptly 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 June 17, 2019, 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 U.S. citizen 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 July 25, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On August 13, 2019, 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 Post-Divorce
NATIONALITY: Brazilian
LOCATION: Glendale, CA

Our client is a citizen of Brazil who came to the U.S. on a J-2 Visa in September 2011.  He came with his wife (now, his ex-wife) who held a J-1 Visa as an exchange visitor.  Both were subject to the two-year foreign residency requirement. 

Unfortunately, while they are residing in the United States, his marriage did not work out well. Eventually, he got divorced from his ex-wife in January 2019 in Brazil. Prior to their divorce, our client got the approved I-140 EB-1A self-petition. He wanted to file the waiver so that he can file adjustment of status or immigrant visa once his priority date becomes current.

Our client contacted our office and retained our firm to do his J-2 waiver on June 13, 2019.  On June 28, 2019, the J-2 Waiver (DS-3035) 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 July 22, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on August 7, 2019.

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

NATIONALITY: Chinese

LOCATION: Urbana, IL

Our client was a citizen of China who came to the U.S. on a J-2 Visa in January 2012.  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.

She turned 21 in March 2014. She would like to get a waiver because she has an employer who will file the H-1B petition for her. However, because of her two-year foreign residency requirement, our client cannot change her 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 2014.

Our firm was retained to do her J-2 waiver, and on June 17, 2019, 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 18, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On August 4, 2019, the USCIS issued an I-612 approval notice for our client’s waiver request.

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

NATIONALITY: Nigerian                                                                                                       

LOCATION: Houston, TX

Our client is from Nigeria who came to the U.S. on a J-1 Visa in October 2018 to pursue his student internship in New Mexico.  After he finished his J-1 program, he remained in the United States. In April 2018, our client married his current U.S. citizen wife. However, won’t be able to adjust his status unless he gets a waiver of the 2-year foreign residency program.  

Our prepared and filed the waiver request through a No Objection Statement (NOS) from the Nigerian 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 promptly contacted the Nigerian 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, and a letter of reason for obtaining J-1 waiver.  

On April 18, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Nigerian 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 Nigerian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On June 28, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On July 30, 2019, 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 his wife’s I-130 petition.

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

 NATIONALITY: Yemeni

 LOCATION: Kent, OH

Our client came from Yemen as a J-1 student with the Department of State’s UGRAD program.  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 U.S. Citizen 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). Our client also received government funding (UGRAD) for his studying programs which made his case pretty much impossible 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 April 23, 2018, 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 April 30, 2018, 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 Yemen for two years. 

Eventually, the USCIS approved his I-612 waiver on June 21, 2019. 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: H-1B Visa Petition

PETITIONER:  Dental Clinic

BENEFICIARY: Korean Dentist in Bedford, OH

Our client is a dental clinic located in Cleveland, Ohio.  They contacted our office in early March of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained his Doctor of Dental Medicine in the United States. Moreover, she is a licensed dentist in the state of Ohio. The proffered position for the Beneficiary is an associate dentist which clearly qualifies as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 29, 2019 via regular processing service. This H-1B petition was selected after the lottery.  Eventually, our client’s H-1B application was approved on July 24, 2019.

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CASE: Fiancé Visa

PETITIONER: US Citizen in Cleveland, OH

BENEFICIARY: German

PETITION FILED: August 9, 2018

PETITION APPROVED: January 18, 2019

K-1 VISA APPROVED: June 26, 2019

Our client, a US Citizen Petitioner, met his fiancée in September 2016.  They started their relationship, and spent time together in Germany. They decided to get married and our client decided to file a fiancé petition for his fiancée.  He retained our firm to file a fiancé petition for her on June 19, 2018. 

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on August 9, 2018.

On January 18, 2019, the I-129F fiancé petition was approved. On June 26, 2019, our client’s fiancée appeared at the U.S. Consulate General in Frankfurt, Germany for her K-1 visa interview. The interview went well, and after the interview, the U.S. Consulate General issued her K-1 visa. 

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

NATIONALITY: Chinese

LOCATION: Malden, MA

Our client was a citizen of China who came to the U.S. on a J-2 Visa in March 2011.  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.

She turned 21 in March 2016. She would like to get a waiver because she wants to adjust her status in the United States based on her U.S. citizen husband’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her 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 2016.

Our firm was retained to do her J-2 waiver, and on May 23, 2019, 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 25, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On July 2, 2019, the USCIS issued an I-612 approval notice for our client’s waiver request.

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