CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement
NATIONALITY: Indonesian
LOCATION: Jacksonville, FL
Our client is from Indonesia who came to the U.S. on a J-1 Visa in April 2007. He. for work training, and his J-1 program subjected him to the two-year foreign residency requirement. After his J-1 program was completed, he remained in the United States.
In March 2019, our client married his U.S. Citizen wife. He is eligible to get a green card through his marriage to a U.S. citizen; however, before we can file his I-130/I-485 application simultaneously, he has to get a waiver of theis two-year foreign residency requirement. He consulted with our office retained us on December 20, 2019.
Upon retention, our office prepared the waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in the United States. We contacted the Indonesian Embassy in Washington D.C. to pursue the waiver. The Embassy requested nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of his valid Indonesian passport, and a copy of the Form DS-3035 application.
On January 2, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State. We also sent a request to the Indonesian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to file a marriage based adjustment of status.
The Indonesian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. On July 24, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has receipted the fee and issued an I-612 approval notice for our client’s waiver of two-year foreign residency program on August 7, 2020. Now, our client can file his adjustment of status application along with the I-130 petition.