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Post image for J-2 Waiver of Two-Year Foreign Residency Requirement, Post-Divorce Interested Government Agency Approval for Chinese Client in China

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Chinese
LOCATION: China

Our client is a citizen of China who came to the U.S. on a J-2 Visa in April 2016.  She came with her husband who held a J-1 Visa as an exchange visitor.  Both were subject to the two-year foreign residency requirement.

Unfortunately, while they are residing in the United States, her marriage did not work out well. Eventually, she got divorced from her ex-husband in July 2017 in China. Our client has a U.S. citizen fiancé who would like to file I-129F fiancé visa for her, but could not be approved unless she fulfills two year foreign residency requirement or obtains a waiver.

Our client contacted our office and retained our firm to do her J-2 waiver on July 31, 2017. On August 2, 2017, 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 21, 2017, 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 January 4, 2018.

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Post image for J2 IGA (Over 21) Waiver of Two-Year Foreign Residency Requirement, Interested Government Agency Approval for Chinese Client in California

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

NATIONALITY: Chinese

LOCATION: Mountain View, CA

Our client was a citizen of China who came to the U.S. on a J-2 Visa in September 1996.  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’s father’s J-1 program was completed, his family moved to Canada.

He turned 21 in 2015. He would like to get a waiver because he has a prospective employer who will file the H-1b petition for me next year. 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 June 2015.

Our firm was retained to do his J-2 waiver, and on October 20, 2017, 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 November 10, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On December 10, 2017, the USCIS issued an I-612 approval notice for our client’s waiver request.

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Post image for J2 IGA (Over 21) Waiver of Two-Year Foreign Residency Requirement, Interested Government Agency Approval for Filipino Client in San Francisco California

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

NATIONALITY: Filipino

LOCATION: San Francisco, CA

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in November 2015.  He came with his mother who came on a J-1 Visa for her teaching 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, F, and O visas.

After our client came to the United States, he completed his high school and was admitted to the University to pursue his bachelor’s degree. He wanted to change his status from J-2 to F-1 in the United States.

He turned 21 in September 2017. He would like to get a waiver because he wanted to change his status from J-2 to F-1. 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 September 2017.

Our firm was retained to do his J-2 waiver, and on September 22, 2017, 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 16, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On November 14, 2017, the USCIS issued an I-612 approval notice for our client’s waiver request.

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Post image for J-2 Waiver of Two-Year Foreign Residency Requirement, Post-Divorce Interested Government Agency Approval for Pakistani Client in Pakistan

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Pakistani
LOCATION: Pakistan

Our client is a citizen of Pakistan who came to the U.S. on a J-2 Visa in August 2015.  He came with his wife who held a J-1 Visa as a medical resident.  Both were subject to the two-year foreign residency requirement.

Unfortunately, his marriage did not work. Eventually, he got divorced from his ex-wife in November 2016. Our client had a pending I-129 H-1B petition for him, but it could not be approved unless he fulfilled his two year foreign residency requirement or obtain a waiver.

In June of this year, our client contacted our office. He retained our firm to do his J-2 waiver. On June 22, 2017, 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 14, 2017, 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 September 26, 2017.

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Post image for J2 IGA (Over 21) Waiver of Two-Year Foreign Residency Requirement, Interested Government Agency Approval for Chinese Client in New York

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

NATIONALITY: Chinese

LOCATION: New York City, NY

Our client is a citizen of China who came to the U.S. on a J-2 Visa in October 1995.  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’s father’s J-1 program was completed, his family moved to Canada. Our client came back to the United States with an H-1B visa after he obtained his current employment in New York.

He turned 21 in 2001. He would like to get a waiver because he has an approved I-140 petition for him. However, because of his two-year foreign residency requirement, our client cannot file an adjustment of status application 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 November 2001.

Our firm was retained to do his J-2 waiver, and on May 17, 2017, 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 June 9, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 27, 2017, the USCIS issued an I-612 approval notice for our client’s waiver request.

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Post image for J-2 Waiver of Two-Year Foreign Residency Requirement, Post-Divorce Interested Government Agency Approval for Indian Client in India

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

Our client is a citizen of India who came to the U.S. on a J-2 Visa in September 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.

Unfortunately, while they are residing in the United States, her marriage did not work out well. Eventually, she got divorced from her ex-husband in December 2016. Our client had an approved I-140 petition for her, but could not file adjustment of status application or immigrant visa petition unless she fulfills two year foreign residency requirement or obtains a waiver.

In March of this year, our client contacted our office. She retained our firm to do her J-2 waiver. On April 3, 2017, 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 April 24, 2017, 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 May 26, 2017.

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Post image for J-2 Waiver of Two-Year Foreign Residency Requirement, Post-Divorce Interested Government Agency, Approved for Turkish Client in Virginia

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Turkish
LOCATION: Virginia

Our client is a citizen of Turkey who came to the U.S. on a J-2 Visa in April 2007.  He came with his wife who held a J-1 Visa as a researcher.  Both were subject to the two-year foreign residency requirement. Since 2008, our client changed his status from J-2 to F-1 and pursued his graduate studies in the U.S.

Unfortunately, while they are 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 wants to be petitioned by his prospective employer. Nevertheless, he cannot change his status to other non-immigrant visa in the United States because of the 2 year foreign residency requirement.

In April of this year, our client contacted our office. He retained our firm to do his J-2 waiver. On May 1, 2017, 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 19, 2017, 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 June 2, 2017.

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Post image for J-2 Waiver of Two-Year Foreign Residency Requirement, Post-Divorce Interested Government Agency Approval for Korean Client in Ithaca New York

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Korean
LOCATION: Ithaca, New York

Our client is a citizen of South Korea who came to the U.S. on a J-2 Visa in August 2013.  She came with her husband who held a J-1 Visa as a researcher.  Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work outl. Eventually, she got divorced from her ex-husband.  Before she divorced with her ex-husband, she changed her status from J-2 to F-1. However, she was still subject to the two-year foreign residency requirement.  Our client pursued her graduate studies in the United States, and wants to be petitioned by her prospective employer. Nevertheless, she cannot change her status to other non-immigrant visas in the United States because of the 2 year foreign residency requirement.

In March of this year, our client contacted our office. She retained our firm to do her J-2 waiver. On April 4, 2017, 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 April 24, 2017, 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 May 3, 2017.

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Post image for J2 IGA (Over 21) Waiver of Two-Year Foreign Residency Requirement, Interested Government Agency Approval for Honduran Client in Missouri

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

NATIONALITY: Honduran

LOCATION: Missouri

Our client was a citizen of Honduras who came to the U.S. on a J-2 Visa in August 1991.  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 his father’s J-1 program was completed, his family remained in the United States.

He turned 21 in December 2000. He has a U.S. citizen fiancé who can file an I-130 petition for him after their marriage is entered. However, because of his two-year foreign residency requirement, our client cannot file his adjustment of status application 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 December 2000.

Our firm was retained to do his J-2 waiver, and on March 10, 2017, 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 March 27, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On April 5, 2017, the USCIS issued an I-612 approval notice for our client’s waiver request.

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Post image for J-2 Waiver of Two-Year Foreign Residency Requirement, Post-Divorce Interested Government Agency Approved for Indian Client in Cleveland Ohio

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

Our client is a citizen of India who came to the U.S. on a J-2 Visa in 2006.  She came with her husband who held a J-1 Visa as a researcher.  Both were subject to the two-year foreign residency requirement. While she was J-2, she changed her status to J-1 after she was employed. She obtained her I-612 (J-1 waiver) for her J-1 program when she changed her status from J-1 to H-1B later. Unfortunately, while they are residing in the United States, her marriage did not work out well. Eventually, she got divorced from her ex-husband in 2012. 

In 2015, her Eb-1 I-140 petition was approved by the USCIS. Our client filed her I-485 adjustment of status along with her approved I-140 and I-612. However, the USCIS issued Request for Evidence and asked her to submit advisory opinion for her J-2 program. She applied for the advisory opinion to the U.S. Department of State, and in November 2016, the Department informed our client that she is still subject to the two year foreign residency requirement for her J-2 time.

After she found out that she needs a J-2 waiver, our client contacted our office in December 2016. She retained our firm to do her J-2 waiver on December 13, 2016. On December 14, 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 January 23, 2017, 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 March 30, 2017.  Now, our client can re-file an adjustment of status application (I-485) for her green card with the approved I-140 petition and I-612 waiver.

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