CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child
NATIONALITY: Filipino
LOCATION: Fredericksburg, VA
Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in September 2021. He came with his father who came on a J-1 Visa for his employment in the United States. 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 can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.
He turned 21 in February 2023. He wanted to file his I-485 adjustment of status application with his U.S. citizen spouse’s I-130 petition. However, because of his two-year foreign residency requirement, our client cannot adjust his status in the United States without the fulfillment of the requirement or the waiver.
Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent. The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce from the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. Our client turned 21 in February 2023.
Our firm was retained to do his J-2 waiver, and on February 23, 2023, the J-2 Waiver application (Form DS-3035 and supporting documents) 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 reached the age of 21 and was not dependent on a J-1 visa holder anymore. However, the USDOS issued a Request for Information (RFI) and requested our client to submit the letter with special consideration and humanitarian factors. Our office prepared a detailed letter and filed the response on March 20, 2023. On April 11, 2023, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On May 11, 2023, the USCIS issued an I-612 approval notice for our client’s waiver request.