CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, No Objection Statement
NATIONALITY: Nepalese
LOCATION: Maryland
FILED: August 24, 2012
APPROVED: October 15, 2012
Our Nepalese client came to the U.S. on a J-1 Visa in August 2006. She came to the U.S. for hospitality training, and her J-1 visa made her subject to the two-year foreign resident requirement.
Upon the completion of her program in 2007, she went back to Nepal and came back to the United States with a Q-1 visa. She did not fully fulfill her 2 year foreign residency requirement in Nepal.
In May 2009, our client married his U.S. Citizen husband and she wanted to apply for permanent residency. Her husband filed an I-130 petition, and this was approved by the USCIS in February 2011. However, due to the two-year foreign residency requirement, she had to obtain a waiver first before she file the adjustment of status application. Either that or she has to go back to Nepal and finish her two-year requirement..
After she retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Nepalese Embassy in the United States. Our office contacted the Nepalese Embassy in Washington D.C. to make sure we had all the requirements needed for their office to issue a no objection statement. The Embassy requested numerous documents including a statement of reason for the waiver, the applicant’s resume, a copy of her valid Indonesian passport, the approved copy of I-130 notice, a copy of DS-2019, and a copy of Third Party Bar Code Page
On August 24, 2012 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State. We also sent a request to the Nepalese Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a marriage based adjustment of status application but for the waiver.
The Nepalese Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. On September 24, 2012, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on October 15, 2012. Now that our client’s two-year foreign residency requirement is waived, she can file her green card / adjustment of status application with the approved I-130 petition.
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