CASE: I-130 / I-485 / J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child
NATIONALITY: Honduran
LOCATION: Missouri
Our client is a citizen of Honduras who came to the U.S. on a J-2 Visa in August 1991. He came with his father who came on a J-1 Visa for his research program 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 they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas. After his father’s J-1 program was completed, his family remained in the United States.
He turned 21 in December 2000. He has U.S. citizen fiancé who can file I-130 petition for him after their marriage is entered. However, because of his two-year foreign residency requirement, our client cannot file his adjustment of status application in the United States without the fulfillment of 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 form 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. In fact, our client turned 21 in December 2000.
Our firm was retained to do his J-2 waiver, and on March 10, 2017, 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 based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore. Eventually, on March 27, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On April 5, 2017, the USCIS issued an I-612 approval notice for our client’s waiver request. After his J-2 waiver was approved, he married his U.S. citizen fiancé.
Once his J-2 waiver was approved, our client retained our office again for his adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on December 22, 2017. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients through conference calls. On May 15, 2018, our client was interviewed at the Kansas City, MO USCIS office. The interview went well, and eventually, on the same day of the interview, his green card application was approved.