CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Chinese
LOCATION: Philadelphia, PA
Our client is a citizen of China who came to the U.S. on a J-2 Visa in 1996. She came with her husband who held a J-1 Visa as a doctor. Both were subject to the two-year foreign residency requirement.
Unfortunately, their marriage did not work out well and she got divorced from her ex-husband. She lost her J-2 status in the United States and she was still subject to the two-year foreign residency requirement. She could not change her status to other non-immigrant visas because of the requirement.
In August of this year, our client’s U.S. citizen son contacted our office. He wanted us to help his mother obtain a waiver so that he can petition our client for a green card. Our firm was retained to do her J-2 waiver on August 12, 2011. On August 17, 2011 the J-2 Waiver 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.
On August 24, 2011, 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 September 16, 2011, less than a month from the date we filed the waiver.
Finally, after 15 years in the United States, our client can apply for her green card. Our client’s son can file an I-130 petition for our client and she can file an adjustment of status application (I-485) as well.
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