CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Brazilian
LOCATION: Glendale, CA
Our client is a citizen of Brazil who came to the U.S. on a J-2 Visa in September 2011. He came with his wife (now, his ex-wife) who held a J-1 Visa as an exchange visitor. Both were subject to the two-year foreign residency requirement.
Unfortunately, while they are residing in the United States, his marriage did not work out well. Eventually, he got divorced from his ex-wife in January 2019 in Brazil. Prior to their divorce, our client got the approved I-140 EB-1A self-petition. He wanted to file the waiver so that he can file adjustment of status or immigrant visa once his priority date becomes current.
Our client contacted our office and retained our firm to do his J-2 waiver on June 13, 2019. On June 28, 2019, the J-2 Waiver (DS-3035) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client was divorced from the J-1 visa holder. Eventually, on July 22, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on August 7, 2019.