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

NATIONALITY: Filipino

LOCATION: Shannon, NC

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in August 2018.  He came with his mother who was on a J-1 Visa. 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 November 2020.  He wanted to file his I-485 adjustment of status application with his U.S. citizen spouse’s I-130 petition. However, because of his two-year foreign residency requirement, our client cannot adjust his 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. Our client turned 21 in November 2020.

Our firm was retained to do his J-2 waiver and on November 13, 2020, 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 February 26, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On April 9, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

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

 NATIONALITY: Malaysian

 LOCATION: Boston, MA

Our Malaysian client came to the U.S. on a J-1 Visa in June 2017 to work as a trainee. In September 2019, he married his U.S. citizen spouse. He wanted to file an adjustment of status application; however, his J-1 visa made him subject to the two-year foreign resident requirement. Due to the two-year foreign residency requirement, he had to obtain a waiver first before he files his adjustment of status application in the U.S.

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Malaysian Embassy in the United States.  

On February 4, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Malaysian Consulate General Office in New York 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 Malaysian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. 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 April 1, 2021.   

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

NATIONALITY: Turkish                                                                                                        

LOCATION: Los Altos, CA

Our client is from Turkey who came to the U.S. on a J-1 Visa in January 2014 to work as a graduate student. He would like to apply for an adjustment of status based on an I-140 National Interest Waiver self-petition. However, he won’t be able to adjust his status unless he gets a waiver for the 2-year foreign residency program.  

He retained our office on July 17, 2020. We filed a waiver request through a No Objection Statement (NOS) from the Turkish Embassy in the United States. Every country’s Embassy maintains different procedures for 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 July 24, 2020, 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 his I-140 NIW petition.  

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 December 17, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On March 29, 2021, the USCIS issued an I-612 approval notice. Now, our client can file an I-485 adjustment of status application along with the I-140 NIW Self-Petition.

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

NATIONALITY: Korean

LOCATION: Atlanta, GA

Our client is from South Korea who came to the U.S. on a J-1 Visa in August 2019 as an exchange student in Georgia. Her J-1 program made her subject to the two-year foreign residency requirement. She wanted to change her status to F-1 or H-1B. However, before she changes her status, she has to get a waiver for her two-year foreign residency requirement. 

Once retained, our office prepared and filed a waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.

Attorney Sung Hee (Glen) Yu from our office contacted the Korean Consulate General Office in Atlanta to pursue the waiver for our client.  The Consulate requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining the J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On November 23, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to change her status in the U.S.

The Korean Consulate General in Atlanta forwarded our client’s documents to the Korean Embassy in DC.  After that, the Korean Embassy issued a No Objection Statement for our client and sent this letter to the State Department’s Waiver Review Division.  On March 8, 2021, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on March 22, 2021, the USCIS issued I-612 approval notice and waived our client’s 2 year foreign residency requirement.

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

NATIONALITY: Kenyan                                                                                                        

LOCATION: Somerset, NJ

Our client is from Kenya who came to the U.S. on a J-1 Visa in June 2019 to work as a camp counselor.  After she finished her J-1 program, she remained in the United States. In October 2020, our client married her current U.S. Citizen husband.  However, she was subject to the 2-year foreign residency requirement. She had to get a waiver first. 

She retained our office on November 2, 2020. Thereafter, our office prepared a waiver request through the No Objection Statement (NOS) from the Kenyan Embassy. Every country’s Embassy maintains different procedures on 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 J-1 program sponsor, Clearance certificate from HELB and KSCE in Kenya, and a letter of reason for obtaining the J-1 waiver.  

On November 10, 2020, 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 February 25, 2021, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On March 16, 2021, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file an I-485 adjustment of status application along with her husband’s I-130 petition.

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CASE: J-1 Waiver (No Objection Statement – Humanitarian)

NATIONALITY: Philippines

LOCATION: Glendale, AZ

Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. She was subject to the two-year foreign residency requirement. Later, her employer wants to sponsor her green card and she 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.

Our office told our client that she can apply for a waiver under the No Objection Statement category based on the fact that her husband experiences medical hardship. Though her husband is a citizen of the Philippines, his medical condition prompted her to pursue NOS waiver under the humanitarian category. 

On February 25, 2020, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On March 18, 2020, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  The EVP Philippines approved the NOS Application!

On February 25, 2021, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on March 2, 2021, the USCIS issued an I-612 approval notice for the waiver.

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

 NATIONALITY:  Iraqi

 LOCATION: Dearborn, MI

Our client came from Iraq as a J-1 scholar in 2014.  He was 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 the 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. His US Citizen has 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). 

On February 13, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We prepared the affidavit for our client, an 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 February 17, 2020, our office filed an I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client’s son would experience exceptional hardship if our client needs to go back to Iraq for two years. 

Eventually, the USCIS approved his I-612 waiver on February 18, 2021. 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. 

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Case: I-130/I-485
Issue: Visa Waiver Entry
Applicant/Beneficiary – Italian
Location: Weston, CT

Our client entered the United States in December 2019 from Italy under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days. 

She married to U.S. Citizen in September 2011 in Italy. One main issue in her green card application through marriage was the fact that she 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.

Our client contacted our office for consultation and retained our office on January 13, 2020 for her adjustment of status application. Our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 11, 2020. Our office requested the CIS to exercise favorable discretion in granting adjustment of status despite her visa waiver entry.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. There was no Request for Evidence. Prior to the interview, we thoroughly prepared our clients. On February 16, 2021, our client was interviewed at the Hartford, Connecticut USCIS Field Office. Despite the visa waiver entry and subsequent adjustment of status issue, the USCIS officer approved her green card application on the same day.

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

 NATIONALITY: Filipina

 LOCATION: Douglas, AZ

Our client came from the Philippines as a J-1 teacher. She was subject to the two-year foreign residency requirement. She wanted to apply for a green card based on her marriage to her US citizen spouse, however she had to get a waiver first to be eligible. 

Based on 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). 

On October 7, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit for our client, an 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 condition.  On October 16, 2019, our office filed the I-612 application to the USCIS and asked them to issue and recommend this waiver based on the fact that our client’s husband would experience exceptional hardship in the scenarios of separation and relocation. . 

On January 16, 2020, the USCIS issued a Request for Evidence (RFE) and requested our client to submit more hardship evidence. Our office prepared the response and filed an extensive Response to RFE on March 18, 2020. 

Eventually, the USCIS approved her I-612 waiver on January 22, 2021. 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: H-1B Change of Employer

PETITIONER: Dental Clinic

BENEFICIARY: Indian Dentist

LOCATION: Cleveland, OH 

Our client is a dental clinic located in Cleveland, Ohio.  They contacted our office in November 2020 to seek legal assistance for their foreign employee. The beneficiary is from India and he obtained his Doctor of Dental Surgery (DDS) degree and a dental license. The proffered position for the Beneficiary is an associate dentist which qualifies as a specialty occupation. 

The foreign beneficiary in this case already had his H-1B visa from his previous employer.  However, his H-1B visa was not expired yet, and he wanted to extend his H-1B status on the change of employer basis. 

Upon retention, our office promptly filed the H-1B visa petition with various supporting documents on December 7, 2020 via regular processing.  Since this petition was based on a change of employer, this petition was exempt from the annual H-1B cap.  Thus, we could file prior to April 1.  There were no Requests for Evidence during the processing of the H-1B.  Eventually, our client’s H-1B Petition was approved on December 22, 2020 even though it was filed via regular processing.  Now the Beneficiary can work for his Petitioner-Employer as an H-1B visa holder and he can work there for next three years.

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