CASE: J-1 Waiver (No Objection Statement)
NATIONALITY: Philippines
LOCATION: Fayetteville, NC
Our client came from the Philippines on a J-1 in August 2015 to work as a teacher. Based on his DS-2019, he was subject to the two-year foreign residency requirement.
In September 2018, he got married to his U.S. citizen spouse and later on consulted with our firm for his J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.
Upon retention, our office prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.
On November 27, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State. On January 9, 2020, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines. Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.
On April 28, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on May 18, 2020, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for his adjustment status application along with his U.S. Citizen spouse’s I-130 petition for him.