CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child
NATIONALITY: Indonesian
LOCATION: Portland, OR
Our client is a citizen of Indonesia who came to the U.S. on a J-2 Visa in December 2014. He came with his mother who entered 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 before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.
He turned 21 in October 2020. By getting a waiver, he would have the ability to be petitioned for H-1B status by his current employer. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without fulfilling the 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 from 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 October 2020.
Our firm was retained to do her J-2 waiver, and on February 9, 2023, 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 since our client reached the age of 21 and was not dependent on a J-1 visa holder anymore.
On March 2, 2023, the US Department of State issued a Request for Information and asked our client to submit a letter to explain why his situation merits special consideration. Our office prepared and filed the Response to RFI including our client’s special consideration request letter, and on March 24, 2023, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On April 6, 2023, the USCIS issued an I-612 approval notice for our client’s waiver request.