What Humanitarian Circumstances Support an Independent J-2 Waiver?
DOS states that independent J-2 waiver requests are considered individually and that the Department will act on behalf of a J-2 only rarely and for humanitarian circumstances.
The exception is narrow
Death, divorce, or turning 21 allows DOS to consider an independent request. Those circumstances do not themselves guarantee a favorable recommendation.
DOS expressly describes the relief as rare
The Waiver Review Division states that it will act on behalf of such J-2 applicants only rarely and for humanitarian circumstances.
Explain why the J-1 cannot solve the problem
The statement should explain why the J-1 spouse or parent is not applying for a waiver and why the J-2 cannot obtain relief through the normal derivative process.
Explain the concrete humanitarian consequences
The filing should provide a detailed and truthful account of the applicant's family, immigration, medical, financial, personal, or other humanitarian circumstances that justify special consideration.
Frequently Asked Questions
Does death, divorce, or age 21 guarantee approval?
No.
How does DOS describe these cases?
DOS says they are considered case by case and that the Department acts only rarely for humanitarian circumstances.
Should the J-2 explain why the principal is not applying?
Yes. DOS specifically requires that explanation.
Need Help With a J-1 Waiver?
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