CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Hardship
NATIONALITY: Filipina
LOCATION: Thoreau, NM
Our client from the Philippines came to the U.S. as a J-1 teacher. She was subject to the two-year foreign resident requirement. Our client wanted to file her adjustment of status application along with her US citizen spouse’s I-130 petition; however, due to the foreign residency requirement, she had to obtain a waiver first.
After retaining our firm, we filed a waiver request on an exceptional hardship basis. On March 15, 2022, the J-1 Waiver Application was filed to the Department of State. Our office prepared an affidavit, an extensive brief, and other supporting documents. Our client provided us with medical documents and doctor’s reports for her spouse’s medical conditions. On March 17, 2022, our office filed the I-612 application. On October 4, 2022, the USCIS issued a Request for Evidence, which is quite normal for hardship waiver cases. On December 22, 2022, our office filed the Response to RFE. The USCIS approved her I-612 waiver on January 25, 2024.