J-1 Waiver

Our Peruvian client came to USA under a J-2 visa, as a daughter of a J-1 (exchange) visa holder. The father, a university teacher, died later and the family continued to live in USA for some time. She got engaged to a US Citizen and got married in March 2006 and therefore wanted to stay in the country. Due to her status as J-2, she was subject to the J-1's original obligation of having to return to their country for at least two years, and she needed to waive that before trying any other petition to stay. We filed a Waiver (I-612) in September 2006 and it was granted two months later so she became exempt of the two-year residence in Peru requirement. In mid 2007 we simultaneously filed I-130 (Petition for Alien Relative), I-485 (Adjustment to Permanent Resident) and I-765 (Working authorization). She had her fingerprints taken in October 2007 and received her working authorization (I-765) the last day of year 2007. She and her husband had their interview on February 21 2008. In less than a month after that, her I-130 and I-485 petitions were approved and our client received her green card.

Russian client’s J-1 hardship waiver application was filed but denied. We filed appeal, which was approved. Our office persistently followed up with DOS and finally won the waiver.

We recently received another J-1 hardship waiver for an Israeli client. We commenced this case by sending out forms and fees to DOS and Vermont Service Center in March 2006. DOS issued recommendation for waiver in due time and VSC sent out I-612 approval  in March 2007.

Ms. C came from Mauritius on a J visa and wanted to pursue permanent residency upon completion of the program. We chose the alternative of getting no objection letter from her government. After the J-1 waiver request was filed with DOS, our client returned home briefly. While she was in her home country, we received Request for Evidence. We immediately contacted our client and asked her to contact her government and her embassy in Washington. In December 2006 we received DOS confirmation that they received the letter and we kept pushing the case until in March 2007 DOS recommended that the waiver be granted to our client.

Client entered on a J-1 visa as a medical resident. Our firm was retained on December 2005 to file a J-1 waiver due to hardship to her LPR husband and USC children should she return to India, her home country, to fulfill the 2 year residency requirement. On February  7, 2007, the waiver was recommended by the Department of State.

Our client was under Voluntary Departure status since January, 1993 when she retained our office. Married to a United States Citizen so we filed I-130 on January 24, 1994 and it was approved by LN on February 28, 1994. She must have left the country and re-entered US on April 7, 1993 with visitor’s visa. She could not adjust because she must have been under J-1 status at some point in time. No objection J-1 waiver denial recommendation was issued on 12/3/01. Between 12/01 to 8/03, our office must have either filed MTR on the no objection denial or J-1 waiver based on hardship. On 7/6/04, J-1 waiver was approved. We filed I-485/765 in 6/05 and PR approved on 3/6/06.

Our office was retained to assist our client in continuing his fellowship program. His permission to remain in the US ended on June 30, 2005. He was not being permitted to continue his program because he had previously been granted a waiver of the two year home residency requirement that is applicable to J-1 physicians. Although he never complied with the waiver since he did not start with the contracting employer, he was ineligible to receive a new DS-2019 to continue his fellowship due to the grant of his waiver. Before he retained our office, he had tried unsuccessfully to have the waiver revoked for almost one year. Despite his repeated requests, he was not permitted to withdraw his previously granted waiver. As June 30, 2005 approached, our office determined that the only possibility that our client had to continue his fellowship would be to file a writ of mandamus in the United States District Court asking the Court to compel CIS to allow our client to withdraw his waiver. Our client would be forced to depart the United States on July 31, 2005 if his waiver was not revoked (there is a 30 day grace period for those who are on J-1 visas once their authorized stay in their program expires. We filed a Writ of Mandamus and a Motion for an Emergency Hearing with the United States District Court for the Western District of Pennsylvania. The Court granted the request for an emergency hearing. Approximately ten minutes after the hearing was supposed to begin, the parties received a fax from US CIS stating that our client would be permitted to withdraw his previously granted waiver. This allowed him to begin his fellowship. Scott Bratton handled the federal court litigation. Lori Pinjuh and Susan Saliba also provided assistance in this matter.

The client retained our office for filing a J-1 Hardship Waiver based on his U.S. citizen children. As a physician specializing in dermatopathology, the client worked for a private medical practice. We quickly prepared and sent out the J-1 application by March 11, 2005. Because the process usually takes over a year to review such applications, we were pleased to receive a notice of approval from the State Department on May 23, 2005. The review process had taken barely more than two months.

Our client filed a naturalization application with US CIS, The application was denied because CIS believed that our client had not fulfilled his 2 year foreign residency requirement as he came to the US on a J-1. CIS also contended that he lacked good moral character, We filed an appeal of the decision (N-336) which was also denied. We then filed a petition for review of the naturalization denial with the United States District Court. After filing the petition with the District Court, CIS reconsidered its decision and granted our client's application for naturalization. Lori Pinjuh and Scott Bratton handled this case for our firm.

A J-1 Waiver of the two-year foreign residency requirement that was receipted by INS on June 12, 2000 was approved June 28, 2000.

Our office has received approvals for four Ohio State J1 and one Nevada State Waiver for physicians. These petitions were filed between February and April 2000. Each petition was approved on June 22, 2000. Nevada does not have any remaining slots, but Ohio still has waiver numbers available.