CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Egypt
LOCATION: North Carolina

Our client is a citizen of Egypt who came to the U.S. on a J-2 Visa in February 2010.  He came with his wife who held a J-1 Visa as a researcher.  Both were subject to the two-year foreign residency requirement.

Unfortunately, while they were residing in the United States, his marriage did not work out well. Eventually, he got divorced from his ex-wife.  Before he divorced with his ex-wife, he changed his status from J-2 to F-1. However, he was still subject to the two-year foreign residency requirement.  Our client pursued his Ph.D. degree in the United States, and intends to file the I-140 NIW Self-Petition with adjustment of status application. Nevertheless, he could not file adjustment of status in the U.S. and changed his status to other non-immigrant visa in the United States because of the 2 year foreign residency requirement.

In August of this year, our client contacted our office. He retained our firm to do his J-2 waiver. On August 11, 2016 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 August 29, 2016, 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 October 17, 2016.  Now, our client can file an adjustment of status application (I-485) along with his NIW I-140 self-petition for his green card with a waiver.

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

NATIONALITY:  Egyptian

LOCATION: Maryland

Our client came from Egypt and has maintained his J-1 status from May 2011.  He got his J-1 status as a research scholar and was receiving government funding for his research.  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). As mentioned above, 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 daughter 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 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 he retained our firm, we prepared and filed a waiver request through an exceptional hardship basis. On February 18, 2016 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 daughter’s medical conditions.  On March 4, 2016, 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 daughter would experience exceptional hardship if our client needs to go back to Egypt for two years.

Eventually, the USCIS approved his I-612 waiver on September 21, 2016. 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: I-485 based on I-140 (EB-1)

APPLICANT: Egyptian

LOCATION: Cleveland, OH

Our client is a chemist from Egypt, who is currently working at a large hospital in Cleveland as a researcher. He is an outstanding and internationally renowned researcher in his field of endeavor, and filed his I-140 (EB-1B) self-petition to the USCIS. While his I-140 petition was pending, he contacted our office for legal assistance of his and his wife’s I-485 adjustment of status applications.

On February 22, 2016, he retained us for their I-485 adjustment of status applications. Our office filed an I-485 adjustment of status application for our client and his wife on March 15, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time. His I-140 self-petition was approved by the USCIS.

Eventually, on July 18, 2016, the USCIS Nebraska Service Center approved our client and his wife’s adjustment of status applications. They are now green card holders.

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

 NATIONALITY:  Egyptian

 LOCATION: Virginia

Our client came to the U.S. on a J-1 Visa in December 2009 from Egypt.  He came to the U.S. for his research program, and his J-1 visa made him subject to the two-year foreign resident requirement. Our client would like to file an I-140 self-petition under the National Interest Waiver Category, and eventually file an Adjustment of Status (Green Card) 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 received government funding for his research program which made his case tougher for a No Objection Statement or IGA waiver route. Our client, though, would like to pursue his J-1 waiver based on exceptional hardship. The argument was that 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 the exceptional hardship basis. On February 12, 2015 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 his U.S. citizen son’s medical condition.  On February 26, 2015, 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 son would experience exceptional hardship if our client needs to go back to Egypt for two years.

Eventually, the Department of State recommended a waiver for our client on October 7. 2015. Subsequently, the USCIS approved his I-612 waiver on October 14, 2015. Now that our client’s two-year foreign residency requirement is waived, he can file an I-140 NIW application along with his adjustment of status application in the United States.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Egyptian

LOCATION: Cleveland, OH

Our client contacted us in June 2014 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Egypt and obtained his green card in August 2009 through the marriage to his U.S. Citizen ex-wife. He has since divorced his wife but it had been almost five years since he got his green card. He retained our office on June 13, 2014.

The N-400 application was filed on June 24, 2014 with all supporting documents. Prior to his citizenship interview, our office prepared him for his naturalization interview at our office. On September 9, 2014, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on December 1, 2014. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-130 (Petitions for Parents) and Adjustment of Status
CLIENT: Egyptians
LOCATION: Cleveland, OH

Our client retained us to petition for his parents for a green card. Our client was born and raised in Egypt, but was naturalized in the United States in 2012. He contacted our office in early April of 2013 and discussed with us the green card process. After consultation, he retained our office on April 23, 2013.

Once retained, our firm prepared and filed the I-130 Petition and Adjustment of Status Application on May 2, 2013 for his parents.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  Eventually, on January 21, 2014, our client’s parents’ adjustment of status applications were approved. Now, they are green card holders.

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