CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child
NATIONALITY: Chinese
LOCATION: Cary, NC
Our client was a citizen of China who came to the U.S. on a J-2 Visa in December 2013. He came with his mother who came on a J-1 Visa. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they could apply for permanent residency.
He turned 21 in January 2021. By getting a waiver, she would have the ability to be petitioned for H-1B status by his prospective employer. However, because of his mother’s requirements, she could not change her status in the United States without the fulfillment of the waiver.
Our firm was retained to do her J-2 waiver, and on September 23, 2022, the J-2 Waiver 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 since our client was 21 and was not a dependent of a J-1 visa holder anymore.
On September 17, 2024, the DOS recommended to the USCIS that our client be granted a waiver. On September 27, 2024, the USCIS issued an I-612 approval notice for our client’s waiver request.