CASE: J-1 Waiver (No Objection Statement – Humanitarian)
NATIONALITY: Philippines
LOCATION: Phoenix, AZ
Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. Based on her DS-2019, she was subject to the two-year foreign residency requirement. Her employer wanted to sponsor her green card and she consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, she cannot get a green card in the United States until she fulfills the requirement or obtains a waiver.
Our office told our client that she can apply for a waiver under the No Objection Statement category based on the fact of her medical hardship. Her medical condition (cancer) made her eligible for our client to pursue the NOS waiver under the humanitarian category from the Philippine Embassy. Upon retention, our office prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.
On March 21, 2021, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State. The NOS request was also sent to the Philippines.
On June 23, 2022, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on July 6, 2022, the USCIS issued an I-612 approval notice for the waiver.