CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Persecution
NATIONALITY: Iraqi
LOCATION: Ohio
Our client came to the U.S. on a J-1 Visa in August 2012 from Iraq. He came to the U.S. for his Ph.D. program, and his J-1 visa made him subject to the two-year foreign residency requirement. Our client would like to an I-140 self-petition under the National Interest Waiver Category and adjustment of status application. However, due to the two-year foreign residency requirement, he had to obtain a waiver first.
Unlike our other J-1 clients, our client could not pursue his waiver under a No Objection Statement or Interest Government Agency (IGA). Moreover, our client could not pursue his J-1 waiver based on the exceptional hardship standard. Nonetheless, our client could pursue a J-1 waiver under the persecution category since he believes he will be persecuted based on his religion (Shiite Muslim).
A person can file a J-1 waiver under the persecution basis if the person believes that he or she will be persecuted based on his/her race, religion, or political opinion among others, if he or she returns to his or her home country.. The Waiver Review Division will proceed with the waiver recommendation under this basis only if USCIS makes a finding of persecution.
Our client believed that he would be persecuted if he goes back to Iraq by ISIS based on his belief. His opinions, beliefs, and religious practice as a Muslim Shiite basically go against the beliefs and objectives of ISIS. After he retained our firm, we prepared and filed a waiver request through the persecution basis. On May 27, 2015 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State. Thereafter, our office prepared an affidavit for our client, an extensive brief in support for our client’s J-1 waiver application, and other supporting documents to show that he will be persecuted in Iraq if he goes back. On June 3, 2015, our office filed the I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client will be persecuted if our client needs to go back to Iraq for two years.
Eventually, the Department of State recommended a waiver for our client on November 2. 2015. Subsequently, the USCIS approved his I-612 waiver on November 4, 2015.
If you have questions, feel free to call Attorney JP Sarmiento at (216) 573-3712 or email us at jp@sarmientoimmigration.com for free consultations.