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

NATIONALITY: Filipina

LOCATION: Casa Grande, AZ

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in July 2017.  She came with her mother who entered on a J-1 Visa as a teacher in the U.S. 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 December 2021.  By getting a waiver, she would have the ability to change her status in the U.S. 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 December 2021.  

Our firm was retained to do her J-2 waiver, and on February 22, 2022, 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.  On April 18, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On June 10, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: H-1B Visa Extension Petition
PETITIONER:  Public School District in Saint Francis, SD
BENEFICIARY: Filipina Special Education Teacher

Our client is a Public School District in Saint Francis, SD. They contacted our office in May 2022 to seek legal assistance from our office for their foreign employee’s H-1B extension.  The beneficiary obtained her Bachelor’s Degree in Special Education. The proffered position for the Beneficiary is a Special Education Teacher which qualifies as a specialty occupation. The Beneficiary has worked for her employer under a H-1B status since July 2020.   

Our office filed the H-1B visa petition on June 3, 2022 via premium processing. Eventually, our client’s H-1B application was approved on June 16, 2022.  Her H-1B is good until June 30, 2025. 

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Case: I-130/I-485
Applicant/Beneficiary – Italian
Location: Elyria, OH

Our client entered the United States in December 2021 from Italy under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days.  He married his U.S. citizen spouse in February 2022. 

In February 2022, they contacted our office and consulted with us regarding adjustment of status. After the consultation, they retained our office.  One main issue in his green card application was the fact that he came to the United States under the visa waiver program.   As our office wrote in our previous success story with a similar issue,  under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability, it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 16, 2022.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On June 8, 2022, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients. The interview went well, and the USCIS approved his adjustment of status application on June 10, 2022.  Now, our client is a green card holder.

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

 NATIONALITY:  Filipino

 LOCATION: Dulce, NM

Our client came to the U.S. on a J-1 Visa in October 2019 to work as a teacher.  His J-1 visa made him subject to the two-year foreign resident requirement. Our client would like to file an adjustment of status application based on his employer’s I-140 petition.  However, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Unlike our other J-1 clients, he could not pursue his waiver under the No Objection Statement or Interest Government Agency (IGA). Moreover, our client could not pursue his J-1 waiver based on exceptional hardship. Nonetheless, our client could pursue J-1 waiver under persecution category since he believes that he will be persecuted based on his same sex marital relationship with his current spouse.  

A person can file a J-1 waiver under the persecution basis if the person believes that he will be persecuted based on his race, religion, or political opinion if he  returns to his home country. 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 he would be persecuted if he goes back to the Philippines based on his marriage in the U.S. His marriage is culturally and religiously forbidden in the Philippines.  After he retained our firm, we prepared and filed a waiver request through the persecution basis. On October 1, 2021, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit of our client, extensive brief in support for our client’s J-1 waiver application, and other supporting documents to show that he will be persecuted in the Philippines if he goes back. On October 5, 2021, our office filed the I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client will be persecuted if our client needs to go back to the Philippines for two years. 

On February 10, 2022, the USCIS issued  Request for Evidence (RFE) . We filed the response on April 7, 2022.  Eventually, the Department of State recommended a waiver for our client on April 28, 2022. Subsequently, the USCIS approved his I-612 waiver on June 2, 2022.

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

NATIONALITY: Mexican

LOCATION: Miami, FL

Our client is a citizen of Mexico who came to the U.S. on a J-2 Visa in August 2016.  He came with his father who entered on a J-1 Visa as a researcher in the U.S. 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.

He turned 21 in October 2021.  By getting a waiver, he would have the ability to be petitioned for H-1B status by his prospective employer. However, because of his 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 October 2021.  

Our firm was retained to do his J-2 waiver, and on December 23, 2021, 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 14, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On May 24, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Waukegan, IL

Our client contacted us in July 2021 to seek legal representation for her naturalization application. She came to the United States from the Philippines and obtained her green card in February 2015.

Once retained, her N-400 application was filed on July 29, 2021 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On April 22, 2022, our client appeared at the Chicago, IL USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization interview. On April 28, 2022, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: H-1B Visa Petition

PETITIONER:  Dental Clinic

BENEFICIARY: Egyptian Periodontist in Toledo, OH

Our client is a dental clinic located in Toledo 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 Master of Dentistry in the United States. Also, he had 3 years of residency training in Periodontics in the U.S. Moreover, he is a licensed dentist in the state of Ohio. The proffered position for the Beneficiary is an associate periodontist which clearly qualifies as a specialty occupation.

Upon retention, our office prepared and registered for the H-1B selection process. His case was selected for the 2023 Fiscal Year H-1B quota. Our office prepared and eventually filed the H-1B visa petition with various supporting documents on April 27, 2022 via premium processing.  Our client’s H-1B application was approved on May 6, 2022 without any Request for Evidence (RFE).

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

NATIONALITY: Chinese

LOCATION: Jersey City, NJ

Our client  is a citizen of China who came to the U.S. on a J-2 Visa in January 2014.  He came with his mother who entered on a J-1 Visa as a researcher in the U.S. 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.

He turned 21 in March 2019.  By getting a waiver, he would have the ability to be petitioned for H-1B status by his prospective employer. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without fulfilling the 2-year rule 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 2019.  

Our firm was retained to do his J-2 waiver and on November 9, 2021, 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 March 18, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On April 15, 2022, 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: Filipina

LOCATION: Sacramento, CA

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in July 2018.  She came with her mother who entered on a J-1 Visa for her employment 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 July 2021.  She wanted to file her I-485 adjustment of status application with her U.S. citizen spouse’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 the requirement or 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 July 2021.

Our firm was retained to do her J-2 waiver, and on September 28, 2021, 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, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On February 23, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: H-1B Visa Extension
PETITIONER:  Public School District in Mohave Valley, AZ
BENEFICIARY: Filipina Elementary School Teacher

Our client is a Public School District in Mohave Valley, AZ. They contacted our office in May 2021 to seek legal assistance from our office for their foreign employee’s H-1B extension.  The beneficiary obtained her Bachelor’s Degree in Elementary Education. The proffered position for the Beneficiary is an Elementary School Teacher which qualifies as a specialty occupation. This proffered position is a “specialty occupation” because the minimum requirements for this position are a Bachelor’s Degree in Elementary Education or its equivalent.  The Beneficiary has worked for her employer under H-1B status since August 2018.   

Upon retention, our office filed the H-1B visa petition with various supporting documents on June 14, 2021 via regular processing. Eventually, our client’s H-1B application was approved on February 25, 2022.  Her H-1B is good until June 30, 2024.

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