Can a J-2 Get a Waiver If the J-1 Is Not Applying?
Usually no. DOS states that J-2 spouses and children cannot independently seek waiver recommendations when the principal J-1 is not applying, except for the limited death, divorce, and age-21 humanitarian situations.
The normal J-2 waiver follows the principal
DOS treats the derivative J-2 waiver as part of the principal J-1's waiver recommendation application.
Independent filings are generally prohibited
DOS states that a J-2 cannot independently apply merely because the principal does not wish to seek a waiver.
Only the recognized humanitarian situations create a possible independent route
The special procedure applies when the principal has died, the spouses have divorced, or a former J-2 child has reached age 21.
Otherwise the §212(e) restriction remains
If the J-2 remains subject and no waiver is available, the person remains restricted from the immigration benefits barred by §212(e) until the requirement is satisfied or otherwise resolved.
Frequently Asked Questions
Can I independently apply just because my J-1 spouse does not want a waiver?
Generally no.
What exceptions does DOS recognize?
Death, divorce, and a J-2 child reaching age 21.
Does the J-1's refusal to apply cancel my two-year requirement?
No.
Need Help With a J-1 Waiver?
The Messersmith Law Firm represents J-1 exchange visitors, physicians, researchers, professionals, and families in complex INA §212(e) matters.
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