CASE: I-130/I-485 Marriage Based Adjustment of Status
NATIONALITY: Korean
LOCATION: Durham, North Carolina
Our client was a citizen of South Korea who came to the U.S. on a J-2 Visa in 2007. He came with his mother who came on a J-1 Visa for her 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 our client came to the United States, he completed his high school and was admitted to the University to pursue his bachelor’s degree. He changed his status from J-2 to F-1.
He turned 21 in 2011. He would like to get a waiver because his prospective employer will file an I-129 petition for our client’s H-1B visa. However, because of her two-year foreign residency requirement, our client cannot change his status 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 March 2011.
Our firm was retained to do his J-2 waiver, and on July 12, 2016, 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 August 1, 2016, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On January 25, 2017, the USCIS issued an I-612 approval notice for our client’s waiver request.
While we were pursing his J-2 waiver case, our client married to his U.S. citizen wife. 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 February 14, 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 as well. On May 25, 2017, our client was interviewed at the Durham, North Carolina USCIS office. The interview went well, and eventually, on the same day of the interview, his green card application was approved.