CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Persecution
NATIONALITY: Filipina
LOCATION: Emporia, VA
Our client, a Filipina, came to the U.S. on a J-1 visa in September 2021 to work as a teacher. Her J-1 visa subjected her to the two-year foreign residency requirement. Our client wished to change her status to H-1B but needed to obtain a waiver of this requirement first.
She was unable to pursue a waiver through the No Objection Statement or Interested Government Agency routes. Furthermore, she did not qualify for a J-1 waiver based on exceptional hardship. We therefore decided to pursue her J-1 waiver based on persecution, as she credibly feared persecution due to her same-sex marital relationship.
Our client’s marriage is culturally and religiously forbidden in the Philippines. After retaining our firm, we filed a waiver request based on persecution with the Department of State on May 11, 2023. Subsequently, our office prepared an affidavit from our client, an extensive brief, and other supporting documentation. On May 22, 2023, we filed Form I-612 with USCIS, requesting a waiver on the grounds that our client would face persecution if forced to return to the Philippines for two years.
USCIS approved and issued her I-612 approval notice on February 11, 2025.