CASE: J-1 Waiver (No Objection Statement)
NATIONALITY: Philippines
LOCATION: Sacramento, California
Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. Based on his DS-2019, he was subject to the two-year foreign residency requirement. Later, his employer wanted to sponsor his green card and he 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.
Our office told our client that he can apply for a waiver under the No Objection Statement category based on the fact that he has a U.S. citizen son. Upon retention, our office promptly 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 September 30, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State. We also prepared the application packet to the EVP Philippines, which require several distinct documents, including apostilled affidavits and forms. On December 19, 2019, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines. They approved the application and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.
On May 5, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on May 12, 2020, the USCIS issued an I-612 approval notice for the waiver.