CASE: I-130/I-485 – Marriage Based Adjustment of Status
NATIONALITY: Filipino
LOCATION: Garden Grove, CA
Our client arrived in the U.S. in July 2021 on a J-1 visa from the Philippines to teach, making him subject to the two-year foreign residency requirement. To pursue adjustment of status based on his U.S. citizen spouse’s I-130 petition, he first needed a waiver of this requirement.
Unlike many J-1 cases, our client could not seek a waiver through a No Objection Statement, Interested Government Agency (IGA), or exceptional hardship. However, he was eligible to apply for a J-1 waiver based on persecution, stemming from his belief that he would face persecution in the Philippines due to his same-sex marital relationship. USCIS can recommend a persecution waiver if they find the applicant would face persecution based on race, religion, or political opinion upon returning to their home country.
Our client firmly believed his U.S. marriage, culturally and religiously prohibited in the Philippines, would lead to persecution. After retaining our firm, we filed his J-1 Waiver (Form DS-3035) with the Department of State on September 25, 2023. Subsequently, on September 28, 2023, we submitted his I-612 application to USCIS, including his affidavit, an extensive brief, and supporting documents to demonstrate the likelihood of persecution. USCIS approved his I-612 waiver on February 6, 2025.
While his J-1 waiver was pending, we prepared and filed his I-130 petition and I-485 Adjustment of Status Application on March 21, 2024. We thoroughly prepared him for his interview, which took place on May 23, 2025, at the Santa Ana, CA USCIS office. The very next day, May 24, 2025, his green card application was approved.