CASE: I-130/I-485 / J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child
NATIONALITY: Thai
LOCATION: Dallas Texas
Our client is a citizen of Thailand who came to the U.S. on a J-2 Visa in 1990. He came with his father who came on a J-1 Visa for his research program 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.
After our client came to the United States, he has remained in the United States beyond the expiration of his authorized stay period. He completed his elementary and secondary schools and finished his bachelor and graduate programs in the United States as well. He did not know of his overstayed status until he became a late teenager.
He turned 21 in 2005. Nonetheless, he did not know of the waiver process, lost his I-94 record and did not have J-2 related documents beside J-2 visa stamp on his old passport. Later, he became a beneficiary of the Deferred Action for Childhood Arrivals (DACA) program and got his work permit.
Our client married his current U.S. citizen wife in October 2012. He would like to get a waiver because he can get a green card based on his U.S. citizen wife’s I-130 petition. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without the fulfillment of requirement or the 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 2005.
Our firm was retained to do his J-2 waiver and replacement of his I-94. We first filed I-102 application to USCIS on June 12, 2015 in order to obtain his I-94 record replacement. The USCIS issued his replace I-94 on September 21, 2015. Thereafter, on September 25, 2015, 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. Eventually, on October 14, 2015 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On October 25, 2015, the USCIS issued an I-612 approval notice for our client’s waiver request.
Once his J-1 waiver was approved, our client retained our office again for his adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on November 23, 2015. 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 October 14, 2016, our client was interviewed at the Irving, Texas USCIS office. The interview went well, and eventually, on the same day of the interview, his green card application was approved.