CASE: I-130/I-485
NATIONALITY: Filipina
LOCATION: Sacramento, CA
Our client was a citizen of the Philippines who came to the U.S. on a J-2 Visa in July 2018, along with her mother who came on a J-1 Visa for her 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 applying for permanent residency or some non-immigrant visa such as the H, L, and O visas.
She turned 21 in July 2021. She wanted to file her I-485 adjustment of status application with her U.S. citizen spouse’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without the fulfillment of the requirement or the waiver.
Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent. The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce from the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case.
Our firm was retained to do her J-2 waiver, and on September 28, 2021, 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 since our client reached the age of 21 and was not dependent on a J-1 visa holder anymore. On January 19, 2022, the DOS recommended to the USCIS that our client be granted a waiver, and not long after, the USCIS issued an I-612 approval notice for our client’s waiver request.
Once her J-2 waiver was approved, our client retained our office again for her adjustment of status application. Our firm filed the I-130 Petition and Adjustment of Status Application on March 7, 2022. All went well and the receipt notices, fingerprint appointment, and work permits came on time. Before the interview, we prepared our clients through conference calls. On March 31, 2023, our client was interviewed at the Sacramento, CA USCIS office. The interview went well, and on the same day of the interview, her green card application was approved.