J2 Over 21 Waiver Approved for Indian Client in New Britain Connecticut

CASE: J-2 Waiver / Over 21-year-old

NATIONALITY: Indian

LOCATION: New Britain, CT

Our client was a citizen of India who came to the U.S. on a J-2 Visa in August 2000.  She came with her father who was on a J-1 Visa as a researcher in the U.S. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years, or win a waiver application, before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in March 2015.  By getting a waiver, she would have filed her adjustment of status application based on her U.S. citizen husband’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without fulfilling the requirement or winning a 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. 

Our firm was retained to do her J-2 waiver and on March 26, 2021, 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 August 31, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On September 2, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

Leave a Reply