CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement
NATIONALITY:Kenyan
LOCATION: Houston, Texas
Our client is from Kenya who came to the U.S. on a J-1 Visa in August 2001. After she finished her J-1 program, she remained in the United States.
In July 2010, our client married her current U.S. citizen husband. However, she could adjust her status unless she got a waiver of the 2-year foreign residency program.
Our firm was retained an on January 21, 2014, 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 a U.S. citizen 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 April 21, 2014, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On May 14, 2014, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement. Now, our client can file an I-485 adjustment of status application along with her husband’s I-130 petition.