A J-2 spouse or child is subject to the same requirements as their J-1 exchange visitor spouse or parent. Generally, J-2 spouses and children cannot independently apply for waiver recommendations if their J-1 spouses or parents are not applying. However, there are exceptions, and all such cases are evaluated by the Waiver Review Division on a case-by-case basis. The State Department will act on behalf of J-2 applicants only rarely and typically for humanitarian circumstances.
If you, as a J-2 spouse or child, believe that your situation merits special consideration based on one of these exceptions, it’s important to understand that the process is extremely complicated. Despite the challenges, we have successfully helped many clients obtain J-2 waivers independently, even when their J-1 spouses or parents were not applying.
Successful Case 1: In one case, the J-1 and J-2 holders were divorced, and the J-2 holder wanted to stay and work in the U.S. We petitioned the appropriate government agency. The process took about four months. After the waiver was approved, we assisted the client in obtaining an H1B visa.
Successful Case 2: Another client entered the U.S. on a J-2 visa with her parent. She later obtained an F1 visa and met a U.S. citizen, with whom she wanted to marry. Her parent, the J-1 holder, had returned to China and had no plans to return to the U.S. We were able to secure a J-2 waiver for her without any involvement from her parent.
If you have a similar case, please contact us at 305-515-0613 or email us at info@messersmithlaw.com. We can help you expertly prepare and file your waiver request with the State Department.