CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Exceptional Hardship
NATIONALITY: Filipina
LOCATION: Page, AZ
Our client, a native of the Philippines, initially entered the United States as a J-1 teacher. Because her status made her subject to the two-year home-country physical presence requirement, she was unable to immediately file her Adjustment of Status application alongside her U.S. citizen spouse’s Form I-130 petition without first obtaining a waiver.
Unlike many of our J-1 clients, she was ineligible to pursue a waiver based on a No Objection Statement or Interested Government Agency (IGA) recommendation. Instead, she sought a waiver based on exceptional hardship, as her U.S. citizen spouse suffers from severe medical conditions.
Under 8 C.F.R. § 212.7(c)(5), an exchange visitor subject to the foreign residence requirement who believes compliance would impose exceptional hardship upon their U.S. citizen or lawful permanent resident spouse or child may apply for a waiver using Form I-612. Factors evaluated in determining exceptional hardship include the applicant’s age, family ties in the U.S. and abroad, length of U.S. residence, health and medical conditions, country conditions abroad, financial and occupational status, and community ties (Matter of Anderson, 16 I&N Dec. 596 (BIA 1978)).
After being retained, our firm prepared and submitted her waiver request based on exceptional hardship. On July 25, 2024, we submitted the J-1 Waiver Application (Form DS-3035) to the U.S. Department of State. Shortly thereafter, on July 30, 2024, our office filed Form I-612 with USCIS, supported by a detailed legal brief, client affidavit, and extensive medical records documenting her spouse’s conditions.
On April 16, 2026, USCIS issued a Request for Evidence (RFE) seeking additional documentation of the hardship her husband would face. Our office prepared and submitted a comprehensive RFE response on May 4, 2026. On July 8, 2026, USCIS approved her Form I-612 waiver.