CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child
NATIONALITY: Filipino
LOCATION: La Junta, CO
Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in August 2022. He came with his father, who entered on a J-1 Visa for his employment 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 could apply for permanent residency or some non-immigrant visa.
He turned 21 in August 2023. He wanted to file his I-485 adjustment of status application based on his U.S. citizen spouse’s I-130 petition. However, because of his two-year foreign residency requirement, our client couldn’t adjust his status in the United States without the fulfillment of the requirement or the waiver.
Our firm was retained to do his J-2 waiver, and on September 11, 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 because our client reached the age of 21 and was not a dependent on a J-1 visa holder anymore. On October 4, 2023, the DOS recommended to the United States Citizenship and Immigration Services that our client be granted a waiver. On October 25, 2023, the USCIS issued an I-612 approval.