CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Indian
LOCATION: Petaluma, CA

Our client is a citizen of India who came to the U.S. on a J-2 Visa in April 2012.  She came with her husband who held a J-1 Visa as a researcher.  Both were subject to the two-year foreign residency requirement. 

Eventually, she got divorced from her ex-husband in November 2020. Our client wanted to change her status in the U.S; however, she cannot do it unless she fulfills the two year foreign residency requirement or obtains a waiver.

She retained our firm to do her J-2 waiver. On November 2, 2020, 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 May 24, 2021, 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 July 2, 2021.

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CASE: I-485 Adjustment of Status

NATIONALITY: Iraqi

LOCATION: California

Our Iraqi client came to the U.S. in June 2016 on a J-1 exchange visitor’s visa. With our firm’s assistance, he got his J-1 hardship waiver.  In April 2018, he contacted our office to seek legal representation for his I-360 petition. He was abused by his spouse. Thus, we prepared and filed his I-360 petition, which included numerous exhibits and a detailed brief to the USCIS Vermont Service Center on June 8, 2018.

On December 10, 2019, the USCIS issued a Request for Evidence (RFE). The USCIS requested our client to submit documents to demonstrate his good moral character. He obtained several third-party affidavits and  California police criminal record. Our office filed the Response to RFE on February 28, 2020.  Eventually, on July 14, 2020, the USCIS Vermont Service Center approved our client’s I-360 petition. 

With the approved I-360 petition, our firm prepared and filed the Adjustment of Status Application on July 24, 2020.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Eventually, on June 4, 2021, the USCIS approved our client’s adjustment of status application and issued a green card without an interview.

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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: PERM Labor Certification

EMPLOYER: Rubber Production Company in Burbank, CA 

BENEFICIARY: Filipina Supply Chain Director in the Philippines

Our client has a prospective employer that was willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Business Administration and currently works in the Philippines. Based on our client’s education and background, our office determined that she is clearly eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in November 2019. 

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, the job order was filed on April 21, 2020.  On August 14, 2020, we promptly filed PERM. 

Eventually, on March 26, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can file the I-140 petition at any time.

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CASE: I-751

APPLICANT: Iranian

LOCATION: Cleveland, OH

Our client contacted our office in June of 2020 regarding his I-751 application.

He is from Iran and he  married a U.S. citizen in January 2018. He obtained a 2-year conditional green card in August 2018.  His conditional residency terminated in August 2020.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on June 12, 2020. On June 23, 2020, our office filed the I-751 application to the USCIS. There was no RFE. On March 18, 2021, the USCIS approved our client’s I-751 application. He received his 10-year green card.

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

 NATIONALITY: Filipina

 LOCATION: Oakley, CA

Our client came from the Philippines as a J-1 teacher. Her J-1 status made her subject to the two-year foreign residency 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 her waiver under the No Objection Statement or Interest Government Agency (IGA) due to her previous marriage in the Philippines. Her only option was through exceptional hardship. 

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 exceptional 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 the exceptional hardship basis. On April 26, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  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 medical documents and doctor’s reports for her U.S. citizen husband’s medical condition.  

On May 9, 2019, our office filed an I-612 application to the USCIS. We asked for them to issue and recommend this waiver based on the fact that our client’s husband would experience exceptional hardship in the scenarios of relocation and separation. 

The USCIS issued a Request for Evidence (RFE) on March 16, 2020. They requested our client to submit more hardship documents. Our office thoroughly prepared the Response to RFE and filed it to the USCIS on May 22, 2020. 

Eventually, the USCIS approved his I-612 waiver on December 8, 2020. 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: Adjustment of Status / EB-1A
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, he got divorced from his ex-wife in January 2019. Prior to their divorce, our client got an approved I-140 EB-1A self-petition. He wanted to file a waiver so that he can file an adjustment of status application 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 the I-612 waiver approval notice on August 7, 2019. 

Once the J-2 waiver was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application on November 19, 2020. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on August 13, 2020, the USCIS National Benefits Center approved our client’s adjustment of status application without an interview. Now he is a green card holder.

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

NATIONALITY: Filipina

LOCATION: Oakley, CA

Our client was 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 came 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 2019.  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 fulfilling the 2-year foreign residency requirement or obtaining 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 2019.

Our firm was retained to do her J-2 waiver, and on January 14, 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 the J-1 visa holder anymore.  Eventually, on June 1, 2020, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 15, 2020, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: I-360 Petition

NATIONALITY: Iraqi

LOCATION: California

Our Iraqi client came to the U.S. in June 2016 on a J-1 exchange visitor’s visa. With our firm’s assistance, he got his J-1 hardship waiver.  In April 2018, he contacted our office to seek legal representation for his I-360 VAWA petition. 

Our client experienced domestic violence and spousal abuse during his marriage. His wife physically and mentally abused our client after the inception of their marriage. Thus, we prepared and filed his VAWA I-360 petition, which included numerous exhibits and a detailed affidavit to the USCIS Vermont Service Center on June 8, 2018.

On December 10, 2019, the USCIS issued a Request for Evidence (RFE). The USCIS requested our client to submit documents to demonstrate his good moral character. He obtained several third-party affidavits and a California police criminal record. Our office filed the Response to RFE on February 28, 2020.  Eventually, on July 14, 2020, the USCIS Vermont Service Center approved our client’s I-360 petition.

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CASE: I-130 / I-485

NATIONALITY: Philippines

LOCATION: Salinas, CA

Our client came from the Philippines on a J-1 in September 2013 to work as a teacher. Based on her visa and DS-2019, she was subject to the two-year foreign residency requirement. Later, she got married to her U.S. citizen husband and 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.

Upon retention, our office prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States through the EVP in the Philippines.

On June 8, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We then prepared the documents for the NOS request to the EVP. On July 27, 2018, our office sent our NOS application to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee granted the No Objection Statement and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued the official No Objection Statement to the Department of State.

On September 13, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on October 11, 2018, the USCIS issued an I-612 approval notice for the waiver. 

Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 1, 2019.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients through conference calls. On January 15, 2020, our client was interviewed at the Santa Clara, CA USCIS office.  

However, on May 1, 2020, the USCIS issued a Request for Evidence (RFE) and requested our client to submit a certified disposition of court and police documents record regarding her previous misdemeanor criminal record. Our office filed the Response to RFE to the USCIS on May 26, 2020. Eventually, on June 9, 2020, the USCIS approved our client’s I-485 adjustment of status application. Now, she is a green card holder. 

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