Can a J-2 Get an Independent Waiver After the J-1 Dies?
Yes, DOS identifies death of the J-1 spouse or parent as one of the limited circumstances in which it will consider an independent J-2 waiver recommendation request.
Death is a recognized DOS exception
DOS specifically identifies death of the J-1 spouse or parent as a situation in which the Waiver Review Division may consider a J-2's independent waiver request.
The case is still discretionary
The existence of a death certificate does not automatically produce a waiver. DOS states that these cases are considered individually and only rarely for humanitarian reasons.
Submit the death certificate
Current DOS instructions require a copy of the J-1 spouse's or parent's death certificate as applicable.
Explain why humanitarian relief is warranted
The J-2 should submit a statement explaining why the principal is not applying, the family circumstances, and why DOS should act as an Interested Government Agency on the applicant's behalf.
Frequently Asked Questions
Does death of the J-1 automatically waive the J-2 requirement?
No.
What document does DOS require?
A copy of the J-1 spouse's or parent's death certificate, as applicable.
Does the J-2 file I-612?
No. DOS directs these independent J-2 cases through DS-3035 and the special IGA procedure.
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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