CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child
NATIONALITY: Kenyan
LOCATION: Wyoming
Our client is a citizen of Kenya who came to the U.S. on a J-2 Visa in December 2001. He came with his mother who came on a J-1 Visa for her research program 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.
After his mother’s J-1 program was done, our client remained in the United States.
He turned 21 in 2008. He would like to get a waiver because he has a U.S. citizen fiancé who will file an I-130 for him after their marriage. However, because of his two-year foreign residency requirement, our client cannot adjust his status in the United States without fulfilling the waiver requirement.
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 form 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. In fact, our client turned 21 in July 2008.
Our firm was retained to do his J-2 waiver, and on May 4, 2016, 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 a dependent of a J-1 visa holder anymore. Eventually, on June 23, 2016, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On July 7, 2016, the USCIS issued an I-612 approval notice for our client’s waiver request.