CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement
NATIONALITY: Korean
LOCATION: Ohio
Our client is from South Korea who came to the U.S. on a J-1 Visa two years ago. With Attorney Sung Hee (Glen) Yu’s assistance, this client got his I-140 self-petition (National Interest Waiver Category) in August 2011. He came to the U.S. to work as a visiting professor. After he received his approved I-140, but before he filed his I-485 adjustment of status application, he went back to Korea and had a J-1 visa interview. At the interview, the Consulate officer informed him that he is now subject to the two-year foreign residency requirement since his program code is now subject to the requirement in the new skills list. Thus, unless he fulfills the requirement in Korea or obtains a waiver, he is not able to adjust his status in the United States..
Before he had a visa interview, to clarify the uncertainty, our office checked with the State Department by filing an advisory opinion request. According to the Department of State, “if you are not sure whether the two year foreign residence applies to you, you may make a written request for an advisory opinion for the applicability of the residence requirement to your situation.” Our office promptly filed this advisory opinion request on August 24, 2011 to the Waiver Review Division of the Department of State.
Unfortunately, the decision of the Department of State stated that our client is subject to the two-year foreign residency requirement. After our office received this decision from the Department of State, Attorney Sung Hee (Glen) Yu prepared and filed a waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.
Attorney Yu contacted the Korean Consulate General Office in Chicago to pursue the waiver for our client. The Consulate office requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining J-1 waiver. Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.
On October 11, 2011 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State. We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust with an approved I-140 if he obtains the waiver.
The Korean Consulate General in Chicago forwarded our client’s documents to the Korean Embassy in DC. After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. On December 2, 2011, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued an I-612 approval notice on January 12, 2012. Now, our client can file his adjustment of status application along with the approved I-140 petition and I-612 J-1 waiver approval.
FREE CONSULTATIONS
If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately.
For other J-1 waiver success stories, please click here.
For other success stories, please click here.
Also feel free to contact our office anytime for free consultations.
Does your client’s get J1 visa after he had interview in Korea?
I understand that once someone had filed I-140, he is regarded to express his intent to stay permanently in US and can not get J1 visa again. I wonder before filing I-485, whether he is still eligible for new J1 visa. I would be greatly appreciated if you can give the answer this question as I am in a similar situation.
Thank you.
Yes, our client got a J-1 visa. An I-130 or I-140 filing itself does not automatically give one immigrant intent, though it may become an issue. So many other factors have to be considered before the CIS automatically makes a determination of immigrant intent.