CASE: I-130 / I-485 Adjustment of Status
NATIONALITY: Canadian
LOCATION: Overland Park, KS
Our client was a citizen of China (currently citizen of Canada) who came to the U.S. on a J-2 Visa in June 1996. She came with her 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.
She turned 21 in December 2016. She wanted to get a waiver because she has a U.S. citizen spouse who can file I-130 petition for her. She can file an adjustment of status application along with her husband’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without the waiver approval.
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. Our client turned 21 in December 2016.
Our firm was retained to do her J-2 waiver, and on August 13, 2019, 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 September 10, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On September 20, 2019, the USCIS issued an I-612 approval notice for our client’s waiver request.
Once her J-2 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 27, 2020. 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 September 24, 2020, our client was interviewed at the Kansas City, MO USCIS office. Eventually, on January 13, 2021, her green card application was approved.