CASE: Adjustment of Status / J-1 Waiver
NATIONALITY: Philippines �
LOCATION: Seattle, WA
Our client came from the Philippines on a J-1 Visa three years ago. However, upon completion of her J-1 program, she remained in the United States. According to her DS-2019, she was subject to the two-year foreign residency requirement. At the end of last year, she got married to her U.S. citizen husband and later on consulted with our firm for her adjustment of status (obtaining a green card). If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.
Our client asked us to help her obtain a waiver of the two-year foreign residency requirement. Upon retention, our office promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States.
On January 18, 2011 the J-1 Waiver Application (Form DS-3035) was filed to the Department of State. We also sent a request to the Washington State Government to get authentication for the necessary documents. Later, these authenticated documents and No Objection Application (for the Philippine Government) were sent to the Philippine Consulate General for further authentication. On March 8, 2011, the Consulate office in San Francisco sent our client’s materials to the Waiver Review Committee in Manila, Philippines. Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. which eventually issued a No Objection Statement. Throughout the process, we asked these government agencies to recommend a waiver for our client based on the fact that our client was eligible to adjust if she obtains a waiver.
On April 27, 2011, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on May 16, 2011, the USCIS issued an I-612 approval notice for the waiver.
Once the waiver was issued, our office filed the I-130 Petition and I-485Adjustment of Status Application on May 18, 2011. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. We thoroughly prepared our clients prior to the interview. On August 17, 2011, our client was interviewed at the Seattle USCIS Field office. Attorney Sung Hee (Glen) Yu accompanied them at the interview as well. The Petitioner and Respondent were separated, but were prepared to answer questions and did well. Although the interview process was intensive and the USCIS went through further investigation for our client’s eligibility, on October 18, 2011, her green card application was finally approved.
From having the two-year foreign residency requirement, our firm effectively helped her get a J-1 waiver before she adjusted her status. She did not have to go to the Philippines for 2 years before she got her permanent residency in the United States. She’s now a green card holder.
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my name is Bunrath Suon and I am from Cambodia, so I don’t know if you’re willing to take my case or not since i’m not from Philipine; My friend was your client and she recommends you to me.
My fiance passed her citizenship test in November and we are planning to get married in a few days at the church.
Here is my situation :
In 2007-2008, I was an exchange student on a J1 visa and I had a 2 years residency home requirement and I havent fulfilled it yet. I went back to Cambodia for few months
and I apply for F1 student visa and right now I’m still holding F1 visa status.
my question is, could you please give us a quote how much do you charge for the whole process? ( getting a J1 visa waiver and Green card Process).
Bunrath,
Thank you for the email. Yes, we can take your case even though you are not Filipino. In fact our clients come from different countries and only a small percentage are Filipinos. Please call us to discuss when you have time. Our phone number is (216) 573-3712. Looking forward to working with you. JP.
I have read success stories on J-1 waiver and it is quiet similar to my case. I don’t know if you can help me waive my visa but this is my case. I came to US as J-1 ( exchange visitor teacher) o July 2008. My contract was not renewed. I went to texas w/ my family and worked at Neiman Marcus. On June 2010, my husband died due to massive heart attack. On January 2011, I met Mr. Robert Clements from SC, and had relationship and led into marriage on April 2011. Since then, we lived together in SC. My visa had already expired on July 12, 2011. Can I waive my two year rule. Can you help me? How much do I need to prepare for your service.
Yours truly,
Sionita
Thanks for you comment Sionita. If you are Filipino (I’m assuming when you said your situation was similar to the success story above, that you meant your also Filipino), then you may be eligible for the no objection statement route of the waiver of the two-year foreign residency requirement. They have a specific provision (US Consul in issuing no objection statements) for issuing no objection statements if the application intends to file for adjustment of status based on marriage to a US Citizen. Thus, if all paperwork is properly processed, then assuming you meet other conditions and requirements, you should be able to obtain the waiver. Feel free to call our office anytime to discuss your case further.