CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Persecution
NATIONALITY: Filipino
LOCATION: Roswell, NM
Our client came to the U.S. on a J-1 visa in December 2020 from the Philippines to work as a teacher. His J-1 visa subjected him to the two-year foreign residency requirement. Our client wanted to file an adjustment of status based on his spouse’s I-130 petition. 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 a waiver under the No Objection Statement or Interested Government Agency categories. Nonetheless, our client could pursue a J-1 waiver under the persecution category, as he believed he would be persecuted based on his same-sex marital relationship with his current spouse.
Our client believed he would be persecuted if he returned to the Philippines because of his marriage in the U.S. After retaining our firm, we filed a waiver request based on persecution. On July 24, 2023, the J-1 waiver application was filed with the Department of State. Our office prepared an affidavit, extensive brief, and other supporting documents. On July 27, 2023, our office filed an I-612 application with USCIS, requesting that they issue the waiver since our client would be persecuted if he returned to the Philippines.
The Department of State recommended a waiver for our client on January 24, 2025. Subsequently, USCIS issued his I-612 approval on January 28, 2025.