CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Pakistani
LOCATION: Pakistan
Our client is a citizen of Pakistan who came to the U.S. on a J-2 Visa in August 2015. He came with his wife who held a J-1 Visa as a medical resident. Both were subject to the two-year foreign residency requirement.
Unfortunately, his marriage did not work. Eventually, he got divorced from his ex-wife in November 2016. Our client had a pending I-129 H-1B petition for him, but it could not be approved unless he fulfilled his two year foreign residency requirement or obtain a waiver.
In June of this year, our client contacted our office. He retained our firm to do his J-2 waiver. On June 22, 2017, 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 14, 2017, 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 September 26, 2017.